UNION TERRITORY, CHANDIGARH Vs. HEMANT GAUTAM AND ANOTHER

JUDGEMENT

(1.) Leave to appeal is sought by Union Territory, Chandigarh against the judgment of acquittal dated 09.11.2009 passed by learned Sessions Judge, Chandigarh.

(2.) In a case registered by of FIR No. 181 dated 10.06.2005 at Police Station Manimajra Chandigarh, for an offence punishable under section 306 read with section 34 IPC on Kuldeep Singh committing suicide on 02.06.2005, the police had sent Hemant Gautam and Jaspreet Kaur to stand trial. The brief facts of the case could be mentioned as under:-

(3.) Mohinder Singh, SI of Police Station Manimajra received information regarding the aforesaid suicide and he reached H. No. 428, Pipliwala Town, Manimajra where he found dead body of Kuldeep Singh hanging to a ceiling fan . The dead body was removed and inquest proceedings were conducted. A register was found in the said room, which was taken into possession, which contained a suicide note to the effect that Hemant Gautam, Jaspreet Kaur and Kanchanwala, Advocate in collusion with each other had destroyed his house and on account of the same he was committing suicide. After verifying the contents thereof, Mohinder Singh, SI had sent ruqa, on which case was registered. During the investigation, statements of Devinder Singh and Charan Singh were recorded, who had alleged that Jaspreet Kaur after entering into partnership with Hemant Gautam developed bad habits and had left her matrimonial home and though she was told to mend her ways, she did not agree. She also took away her belongings and her two sons from the house of the deceased in his absence and then he shifted to H. No. 428 Pipliwala Town, Manimajra where he was found hanging to a ceiling fan on 02.06.2005.