STATE Vs. NARESH CHAND

JUDGEMENT

(1.) THIS order shall dispose of an appeal filed by the State against the judgment dated 22. 04. 1997 of the Additional sessions Judge in Sessions Case No. 133/88, which is committed to the Court of Sessions by the Metropolitan Magistrate concerned on the basis of a challan filed by the Police officials of police Station Mandir Marg after investigating FIR No. 252/1983 under Section 306/34 IPC. The learned Additional Sessions Judge vide impugned judgment held that the suicide note Ex. P4 completely demolishes the prosecution case and exonerates all the accused persons of the charges framed against them and as a result the prosecution has failed to prove its case beyond reasonable doubt. Accordingly, the learned Additional Sessions judge has acquitted all the accused persons of the charges framed against them by giving them benefit of doubt.

(2.) THERE is no dispute between the parties that deceased suman, who was married to respondent No. 1 on 29. 5. 1983, committed suicide on 21. 7. 1983 i. e. within three months of her marriage. It is the case of the prosecution that during that short period she was harassed for not bringing adequate dowry and demands for bringing more dowry were made on her by the accused persons and therefore, they instigated/abetted her to commit suicide and as such they are guilty of an offence under section 306/34 IPC.

(3.) AT the outset, it may be observed that this is a case prior to coming into force of the amended provisions as contained under section 498-A IPC as well as under Section 113a of the Evidence act.