STATE OF HARYANA Vs. RAJBIR

JUDGEMENT

(1.) Challenge is to the judgment dated 22.01.2010 passed by the Sessions Judge, Jhajjar, whereby Rajbir-respondent has been acquitted of the charge under Section 306 IPC.

(2.) Naresh Kumar (since deceased) was the son of complainant Jagdish Chander. His marriage was solemnized with Jyoti daughter of accused-Rajbir. About 4-5 months prior to registration of the case, the parents of aforesaid Jyoti had come to the house of the complainant at Bahadurgarh and taken her along with them to their house, without the consent of complainant and his family members. Naresh Kumar (since died) visited the house of accused-Rajbir (respondent) several times in order to bring Jyoti back to his house. However, he was snubbed by them. Later on, Jyoti gave birth to a female child in her parental house. Jagdish Chander-complainant sent Naresh Kumar to the parental house of Jyoti to bring her back, but Rajbir-respondent did not allow her to go with him. He also gave beatings to Naresh Kumar, as a result of which, he became disturbed. On 30.07.2008, Naresh again went to the house of accused-Rajbir in order to bring Jyoti and her newly born daughter, back to his house. In the evening, he came back and stated that Rajbir-respondent had ousted him from his house after giving abuses and beatings. He also refused to send Jyoti and her daughter with him. Thereafter, Naresh committed suicide by hanging himself with the ceiling fan during the intervening night of 30/31.07.2008.

(3.) Jagdish-complainant came to know about this suicide at 5.00 A.M., on 31.07.2008. Thereafter, he informed regarding this incident to Bahadurgarh Police on telephone. ASI Attar Singh came to the house of the complainant, where he (complainant) made a written complaint/application (Ex.P13) to him. In this background, the FIR was registered. After completion of the investigation, challan under Section 306 IPC was presented against the accused.