STATE OF HARYANA Vs. DEVENDER

JUDGEMENT

(1.) State of Haryana has preferred the instant application seeking leave to appeal against the judgement dtd. 1/11/2019 passed by the Learned Additional Sessions Judge, (Exclusive Court), Jhajjar, whereby, the respondent has been acquitted of the charge under Sec. 304-B/302 IPC.

(2.) The FIR in the instant case was got registered by Sri Om (PW-1), father of Rekha (since deceased). It was alleged in the FIR/complaint (Ex.PW1/A) that the marriage of Rekha (since deceased) was solemnized on 9/3/2018 with Devender, according to Hindu rites and ceremonies. He further alleged that he had spent the huge amount in her marriage, however, after the marriage, his daughter was being harrassed for bringing insufficient dowry by her father-in-law Ram Babu, mother-in-law Champa, sister-in-law (Jethani) Neena, brothers-in-law namely, Sonu and Rahul and the respondent-Devender. It was further alleged that at about 12.00 O' clock on 1/11/2018, Ram Babu disclosed to his brother that Rekha had hanged herself and had died. When the complainant reached Village Raiya, he found his daughter dead and her dead body was lying on the floor in the room. Consequently, the FIR (Ex.PW-14/A) was registered against her in-laws, namely, Ram Babu, Champa, Neena, Sonu, Rahul and the respondent-Devender. The police conducted the investigation and the finally the final report under Sec. 173 of Code of Criminal Cr.P.C., was presented before the Court for trial against the respondent only.

(3.) During the course of trial, the prosecution examined PW-1, Sri Om (father of deceased/complainant), PW- 2 Krishna (mother of deceased), PW-3 Vinod Kumar (Paternal Uncle of deceased), PW-4 Yogesh (cousin brother of deceased), PW-5 Balwan (uncle of deceased) and 9 other official witnesses to prove the charge against the respondent-Devender.