MAHENDER Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 22.01.2014 passed by the Additional Sessions Judge, Sonepat, whereby accused -respondent Nos. 2 to 4 have been acquitted of the charges under Section 306 read with Section 34 IPC.

(2.) THE FIR was registered on the basis of a complaint, Ex. PC, made by Mahender -complainant alleging that his son namely Monu was married to Bimla @ Monika daughter of Shiv Charan on 28.11.2010. Soon after the marriage, relations between Monu and his in -laws became strained. Monu had told his father Mahender -complainant that his wife Monika, father -in -law Shiv Charan, mother -in -law Bala and brother -in -law Biswas had been pressurizing him to live at Gannaur, near their colony. Thereafter, the complainant told Shiv Charan that since he was a poor person residing in the village, therefore, he could not construct a house in the city. On 25.05.2011, Bimla @ Monika (daughter in law of the complainant) went her father's house at Gannaur by making an excuse of illness. On 28.05.2011, Shiv Charan made a telephone call to the complainant and asked him to reach at the railway station. Thereafter, the complainant visited at the railway station and asked Shiv Charan to send Bimla @ Monika along with them. But, Shiv Charan refused to send her (Bimla @ Monika) with them. Thereafter, Shiv Charan, his wife and daughter Bimla @ Monika boarded a train. Bimla @ Monika asked her husband -Monu that in case, he wanted to live with her, then he should come and stay at Gannaur. Monu also boarded the same train along with them. At about 7/8 P.M., Shiv Charan telephonically informed the complainant that Monu (son of the complainant) had died in an accident with the train. Railway police, Gannaur also informed the complainant with regard to the death of his son. Thereafter, Mahender -complainant, his son Sonu along with their family members and villagers reached at the railway station, Gannaur and identified the dead body of Monu. Complainant was fully confident that Shiv Charan, his wife Bala, their son Vishwas and daughter Bimla @ Monika had slapped Monu (deceased) at railway stations, Sonepat & Gannaur and compelled him to live at Gannaur. Consequently, being harassed by all the above said persons, Monu had committed suicide near railway station, Gannaur by coming/jumping in front of Shatabadi train. After registration of FIR, Ex. PW12/A, investigation was carried out and site plan of the place of occurrence was prepared. Dead body of deceased -Monu was handed over to the complainant and Sonu vide receipt, Ex. PD. Accused Shiv Charan and Bala were arrested on 14.06.2011. After completion of necessary investigation, challan was prepared and presented in the Court. On presentation of the challan, charge under Section 306 read with Section 34 IPC was framed against the accused -respondent Nos. 2 to 4, to which, they pleaded not guilty and claimed trial.

(3.) AFTER conclusion of prosecution evidence, statements of accused -respondent Nos. 2 to 4 under Section 313 Cr.P.C. were recorded, wherein entire incriminating evidence was put to them. However, they denied the same and pleaded false implication. In defence, the accused examined Dr. Santosh Aggarwal (DW -1), Rajender Singh, Pharmacist (DW -2), Ram Kishan (DW -3), Dr. Archana Vats, Lab Superintendent, Railway Hospital, Delhi (DW -4) and thereafter, closed their evidence.