ANUJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The applicant-appellant seeks Special Leave to Appeal by way of instant application under Sec. 378(4) Cr.P.C, against the order of acquittal dtd. 10/1/2020, passed by the learned Judge, Special Court, SAS Nagar, Mohali.

(2.) Learned counsel for the applicant-appellant contends that the accused - respondents no.2 and 3 have been acquitted by the trial Court granting them the benefit of doubt by the trail Court below ignoring the cogent evidence on record with regard to demand of dowry and mental cruelty on account thereof. It is further submitted on behalf of the applicantappellant that during the trial the direct evidence by way of statements of PW1 (Anuj Kumar-complainant), PW2 (Shiv Parshad - father of the deceased), PW3 (Shiv Kumar), PW4 (Ram Singh) and PW6 (Santosh - mother of the deceased), it has been proved beyond any doubt that the deceased was murdered by the accused persons on account of insufficient dowry by giving beatings but the same has been ignored and the trial Court committed material illegality putting reliance on a torn piece of paper from an old diary treating it to be a suicide note allegedly written by the deceased while acquitting the accused and respondents no.2 and 3.

(3.) Learned counsel for the applicant-appellant further argues that the questioned signatures of deceased on the alleged suicide note Ex.P 5/3 were got matched with the standard signatures as is apparent from the FSL report Ex.P 7/7 but the contents of alleged suicide note in the form of handwriting were not compared which ought to have been examined with the standard handwriting of the deceased.