SUKH RAM Vs. RAKESH KUMAR AND OTHERS

JUDGEMENT

(1.) An application under Section 372 read with Sections 378 (3) and 378 (4) Cr.P.C. for grant of special leave to appeal has been filed by complainant-Sukh Ram on the ground that the prosecution has proved its case against all the accused beyond reasonable doubt and it was proved on the basis of statement of witnesses that deceased-Sushila was tortured and harassed by the accused persons in connection with demand of dowry still accused have been acquitted of the charges by the trial Court.

(2.) Briefly, the facts of the case as per complainant are that deceased-Sushila got married with accused-Rakesh on 23.2.2008 and after the marriage, accused-Rakesh Kumar started quarreling with deceased-Sushila frequently. On 25.5.2011, a quarrel took place between deceased-Sushila and accused persons and on the same day Sushila died by hanging. Complainant-Sukh Ram, the father of deceased made a statement to the police that his daughter was tortured by accused persons in connection with the demand of dowry and deceased-Sushila gave a telephonic call to his father and disclosed that accused persons were having quarrel with her. It is also the case of the complainant that there was record of conversation between deceased-Sushila and accused persons on mobile. Sushila died by hanging herself and on the basis of statement made by complainant-father, an FIR was registered and all the accused were tried for offence under Section 306 IPC.

(3.) Prosecution examined as many as nine witnesses i.e. Complainant-Sukh Ram as PW-1, Dr. Neena Chaudhary as PW-2, HC Santosh Kumar as PW-3, Anuj Kumar, brother of the deceased as PW-4, SI Jaiveer Singh as PW-5, Ram Naresh as PW-6, Constable Ajay Kumar as PW-7, ASI Amarjit Singh, Investigating Officer as PW-8 and Sh. D.P. Gangwar as PW-9.