JAGBIR SINGH Vs. STATE AND ORS.

JUDGEMENT

(1.) The present Criminal Leave Petition has been filed under Sec. 372 of the Code of Criminal Procedure by the Appellant seeking leave to appeal against the impugned order dated 11.12.15 passed by learned Additional Sessions Judge, (South -West) -02 Dwarka Courts, New Delhi in Sessions Case No. 69/13.

(2.) The material facts relevant and necessary for disposal of the present leave petition are that on 01.06.2013, on receipt of an information regarding admission of injured Manisha, SI Rajesh along with Ct. Hari Mohan reached Balaji hospital, where she was declared unfit for statement. SI Rajesh reached at the spot of occurrence i.e. village Jharoda Kalan, where the crime team was called and inspected the spot. Since the incident took place within seven years of marriage of the injured, SDM was also informed, who recorded the statement (Ex.PW1/DA) of Jagbir Singh, father of Manisha wherein no allegations were made against the in -laws of Manisha. On 02.06.2013, the injured Manisha died and her dead body was sent to RTRM Hospital, Jafarpur to conduct the postmortem. On 03.06.2013, the statement (Ex.PW1/A) of Jagbir Singh was again recorded wherein he accused the in -laws of the deceased and held them responsible for her death. On the basis of his statement Ex. PW1/A, FIR was registered against the accused persons.

(3.) After investigation, police filed a charge sheet under Sec. 498A read with Sec. 34 of the Indian Penal Code and Sec. 304B read with Sec. 34 of the Indian Penal Code (or in the alternative under Sec. 302 read with Sec. 34 of the Indian Penal Code) and charges were framed against the accused persons for the said offences to which they pleaded not guilty and claimed trial.