STATE OF HARYANA Vs. KIRAN BALA

JUDGEMENT

(1.) This is an application seeking leave to appeal against the judgment of acquittal dated 04.04.2011 passed by learned Sessions Judge, Sonipat, in a case registered by way of FIR No. 348 dated 12.07.2009 at Police Station Civil Lines Sonipat for an offence punishable under section 306 IPC.

(2.) Briefly put, the case of the prosecution is that Saroj younger sister of Machhander Singh, complainant had been married with Jai Bhagwan. She died leaving three children namely Kumari Garima, Master Garvit and Master Yash. After the death of his first wife, Jai Bhagwan re-married with Kiran Bala and it is the allegation that Kiran Bala had not been treating Kumari Garima and Master Garvit properly. It is also the allegation that she was not giving them food in time and used to beat them. It is further the allegation that Kumari Garima used to narrate her tale of woes to Machhander Singh, complainant and others whenever she used to visit the complainant. The allegation is that on 12.07.2009 out of humiliation and ill-treatment suffered at the hands of Smt. Kiran Bala, Kumari Garima committed suicide. On receiving information about the same, the complainant and others went to the house of Jai Bhagwan and found Kumari Garima lying on a cot with literature mark on her neck. Report was made by Machhander Singh to the police, which conducted the investigation including the conduct of postmortem examination. The police had collected the suicide note alleged to be in the hand of Kumari Garima and her standard writing from her maternal uncle and got the same compared at Forensic Science Laboratory, Madhuban. It was found that the suicide note was in the hand of the writer of the standard writing.

(3.) After the other investigation, challan was put in the court. Charge was framed against the accused for an offence punishable under section 306 IPC, to which she pleaded not guilty and claimed trial.