DAYA CHAND Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge is to the judgment dated 28.03.2012 passed by the Additional Sessions Judge, Nuh, whereby accused-respondent Nos. 2 to 5 have been acquitted of the charges framed against them under Sections 306/34 IPC.

(2.) Brief facts of the case are that on 13.10.2008 ASI Vijay Anand received a VT message that Beena wife of Daya Chand was admitted in Om Hospital, Palwal. Thereafter, he along with other police officials reached Om Hospital, Palwal and obtained the MLR and rukka. Thereafter, the police party was informed that Beena had expired and her dead body was lying in General Hospital, Mandikhera. Thereafter, the said police party reached at General Hospital, Mandikhera and recorded the statement of Nunat Ram to the effect that he is having five children. His elder daughter namely Beena was married to Daya Chand in the year 1997. Out of this wed-lock, five children were born. The wife of her brother-in-law Ram Chand (respondent No.5) was burnt to death. With regard to the said incident, a case was also registered at Police Station Punhana. Aforesaid Ram Chand was again married to Bhagwati daughter of Chote Lal, resident of Punhana. However, Bhagwati also left him and since then, Ram Chand was having a suspicion that Beena had instigated his wife to leave him. It was alleged that Ram Chand, Amar Chand, Biro and Ramo-respondent Nos. 2 to 5 used to beat Beena by levelling allegations against her. A Panchayat was also convened in this regard. It was further alleged that his son-in-law Daya Chand and daughter Beena were beaten by the aforesaid accused in Panchayat. On the intervening night of 12.10.2008, his daughter-Beena had committed suicide by consuming poison due to the harassment given to her by the accusedrespondents. She was shifted to Om Hospital, from where she was referred to Delhi. However, she died in the way. In this background, the FIR was registered and challan under Section 306/34 IPC was presented against the accused-respondent Nos. 2 to 5.

(3.) After presentation of the challan, charge under Section 306 read with 34 IPC was framed against the accused, to which they pleaded not guilty and claimed trial.