KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this appeal appellant-Kulwant Singh has impugned correctness of findings of acquittal recorded by Court of learned Sessions Judge, S.A.S. Nagar (Mohali), (for short 'trial Court') in Sessions Case No.01 dated 23.02.2017, vide judgment dated 28.03.2018, in favour of accused/respondent Nos.2 to 4, namely, Rajneesh Rana, Ajay Rana, Anita Rana and Roshni Devi.

(2.) The facts of the case in nutshell that complainant-Kulwant Singh was resident of Una (Himachal Pradesh). His daughter-Reema Rana (since deceased) got married with respondent No.2-Rajneesh Rana son of respondent No.5-Roshni Devi, on 10.11.2009. From the said wedlock, two daughters, aged about six years and four years, were born. Rajneesh Rana was working in a multinational company. Respondent No.3-Ajay Rana, is real brother of respondent No.2 and respondent No.5-Roshni Devi is their mother. Respondent No.4-Anita Rana is wife of Ajay Rana. After the marriage, there remained dispute between Reema Rana and her husband-Rajneesh Rana and they used to fight with each other. Rajneesh Rana used to cause mental and physical cruelty to his wife. The respectables of both the families tried to resolve the dispute between the husband and wife. About 5/6 months back, a compromise was effected and it was resolved that Rajneesh Rana, his wife and their children would live separately from the other accused. As per the said compromise, Rajneesh Rana, his wife and their children started living in Flat No.79, Savitri Green, Gazipur. Despite this, Rajneesh Rana and the remaining accused used to maltreat and harass Reema Rana and they also demanded more dowry from her parents. On 04.11.2016, before proceeding to his work place, Rajneesh Rana quarrelled with his wife and taunted her that she had given birth to two daughters and she could not bear any male child, which was required by him and the remaining accused. On the same day, i.e., 04.11.2016, Reema Rana being fed up by the cruel behaviour of the accused, consumed acid, which was lying in the house. On this, her condition deteriorated and she was taken to the J.P.Hospital, Zirakpur, for treatment by her neighbour. On 05.11.2016, the complainant came to know about the said incident and he reached the said hospital. As the condition of Reema Rana did not improve, she was shifted to PGI, Chandigarh, where she died on 05.11.2016. The FIR in this case was registered, on the basis of the statement of complainant-Kulwant Singh, under Section 304B read with Section 34 of the Indian Penal Code (for short, 'IPC') against all the aforesaid accused. The post-mortem examination on the dead body of Reema Rana was conducted on 06.11.2016. The viscera of the deceased was sent for its analysis. During investigation, the accused was formally arrested. On completion of the investigation, challan was presented against all the accused under Section 304B read with Section 34 IPC.

(3.) Charge under Section 304B IPC and in alternative charge under Section 302 IPC, was framed. Altogether, the prosecution examined ten witness in support of its case. Complainant-Kulwant Singh, while appearing in the witness-box, reiterated the allegations which are appearing in the FIR regarding demand of dowry coupled with cruelty meted to the deceased by the accused persons. He proved his statement (Exhibit PW1/C), which was recorded by the police on 05.11.2016. He also deposed regarding his supplementary statement (Exhibit PW1/D), which was recorded by the police on 06.12.2016. He also proved compromise deed (Exhibit PW1/A), which bears signatures of his daughter-Reema Rana. He also proved copies of complaints (Mark 'B' and Mark 'C'), which were lodged by his daughter against her in-laws, during her life time. He also proved the list of dowry articles (Exhibit PW1/B). PW3-Surjit Singh also corroborated the statement of the complainant, who is his real brother.