PAPPO Vs. KULLA AND OTHERS

JUDGEMENT

(1.) This application, under the provisions of section 378(4) Cr.P.C., has been brought by Pappo, the applicant for leave to appeal against the judgment of acquittal dated 1.4.2010 passed by learned Additional Sessions Judge, Ferozepur in a case registered by way of FIR No. 194 dated 4.11.2006 at Police Station, City Ferozepur for an offence punishable under section 306 IPC.

(2.) The case was registered on the statement of Piara, father of the deceased. According to Piara, his son Ramesh Kumar (since deceased) was married with Mukho. There used to remain disputes between Mukho and Ramesh Kumar. On 2.11.2006, on account of a minor dispute, Ramesh Kumar had slapped Mukho due to which, she left her matrimonial home with her daughter Sonia. She told her parents about the incident. On the same day, at about 5.30 PM, Kulla, elder brother-in-law of Mukho came to his house and asked Ramesh Kumar to come in the Mandi where his mother and sister had been sitting.

(3.) Ramesh Kumar accompanied Kulla to the shop of Gurdev Singh Bhullar, a commission agent. Dharminder, a maternal uncle of Mukho who was working in the Mandi also came there. Kulla, Ashwar, Dharaminderr Singh and Veena started beating Ramesh Kumar. The noise raised during this altercation attracted the complainant Piara. He rescued Ramesh Kumar from the hands of Kulla. Many persons, including Nathu Ram also came to the spot and tried to prevail upon the accused. The complainant took his son home. On the same evening at about 7.30 PM, Ramesh Kumar, feeling insulted, consumed some poisonous material.