HARBANS KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 23.12.2013 passed by learned Additional Sessions Judge, Ludhiana whereby respondents No.2 and 3 were acquitted of the charge framed against them for the offence punishable under Section 306 Indian Penal Code (for short 'IPC') in FIR No.66 dated 07.04.2012 registered at Police Station Sadar Jagraon, District Ludhiana.

(2.) I have heard learned counsel for the appellant and have gone through the paper book with his assistance.

(3.) LEARNED counsel for the appellant has argued that the deceased was married with respondent No.2 Gurjot Kaur and had strained relations with her. She was claiming share in the property of deceased and was insisting of transferring of land in her favour. On 05.12.2011 there was quarrel between the deceased and respondent No.2 at which she called her parental family and gave beatings and abused the deceased. Thereafter respondent No.2 along with her brother Karanjit Singh left her matrimonial house. The deceased called respondent No.2 many times on phone and started living under acute depression. He was not being allowed to talk to his son, as a result of which, he consumed some poisonous substance on the intervening night of 6th and 7th April, 2012 and committed suicide. The trial Court committed grave error while exonerating respondent No.2 of any abetment to the deceased to commit suicide with the observation that there was not immediate act of the accused before the suicide by the deceased which can be termed as 'abetment'. The trial Court failed to appreciate all the circumstances leading to suicide by the deceased.