SURESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is preferred against the judgment of acquittal dtd. 26/4/2019 passed by the learned Additional Sessions Court, Jalandhar in FIR No.182 dtd. 26/11/2013 under Sec. 306,34 IPC registered at Police Station Division No. 2, Jalandhar. FACTUAL BACKGROUND

(2.) The facts, in brief, are that on 25/11/2013, respondent no. 4-Varun, who happens to be appellant's nephew called the appellant and informed him that the son of the appellant-Rohit was in a serious condition and he should come to Civil Hospital, Jalandhar. After 10 minutes, Varun called the appellant again to inform him that Rohit is being taken from Civil Hospital to Oxford Hospital. However, 15 minutes later, when the appellant had reached Kathar, he received another call from Varun, asking him not to come as Rohit had died and they were bringing his dead body. About half an hour later, sister of the appellant- Sunita Takiar-respondent no. 2 and her son respondent no. 4- Varun along with Seema-repsondent no. 3, Sunita Takiar's sister-in-law reached the house of the appellant with dead body of his son-Rohit. The appellant stated that deceased Rohit was in a romantic relationship with respondent no. 5-accused Surabhi for three years. The appellant's family was ready for the alliance but parents of respondent no. 5 were not willing. At about 3:30 PM, respondent no.5- Surabhi had called Dr. Lalit Chawla, who happens to be the brother-in-law of appellant's nephew-Vishal, to inform him that Rohit was vomiting. Hence, Surabhi, in connivance with her classmates Tarun-respondent no. 6, Varun Takiar-respondent No. 4 and other private respondents have committed an offence under Sec. 306/34 of the IPC.

(3.) On completion of necessary formalities of the investigation, challan was presented against the accused. On finding, a prima facie case against the accused for commission of an offence punishable under Sec. 306/34 of the IPC which is exclusively triable by the Sessions Court, the case was committed to the Court of Sessions vide order dtd. 22/8/2014 by Judicial Magistrate Ist Class, Jalandhar. Thereafter, the accused were charged with offence under Sec. 306/34 of the IPC to which they pleaded not guilty and claimed trial.