(1.) RESPONDENTS No. 2 and 3 and had faced trial under Section 306 read with Section 34 of the Indian Penal Code, 1860 in FIR No. 106 dated 23.10.2012, registered at Police Post G.R.P, Hisar. Trial Court vide order dated 11.3.2014 ordered the acquittal of respondents No. 2 and 3. Hence, the present appeal by the appellant -complainant.
(2.) I have heard the learned counsel for the appellant and have gone through the record available on the file carefully. Prosecution story, in brief, was that Dharmender alias Jaivir husband of the complainant, was falsely involved in a rape case by respondents No. 2 and 3 in connivance with other persons.
(3.) THEREAFTER , they demanded Rs. 2 -3 lacs from the husband of the complainant to effect a compromise. Due to this harassment, husband of the complainant committed suicide on 9.9.2012. Trial Court while ordering the acquittal of respondents No. 2 and 3 has held that the husband of the complainant had committed suicide on 9.9.2012 whereas the suicide note in question was handed over to the police on 23.10.2012. There was no explanation qua the said delay. The said suicide note was allegedly recovered from the clothes of the deceased, he was wearing at the time of occurrence. Moreover, as per the suicide note, the deceased was having illicit relations with the mother of Meenakshi. It has been noticed by the Trial Court that the complainant in her cross -examination had stated that when she saw the body of her husband on the next day at home, nothing was recovered by the police from her. She handed over documents Ex. PB and Ex. PB/1 to Ex. PB/6 to the police on 5.11.2012. The documents, which were recovered from the possession of the deceased, had been handed over to the brother of the deceased and were not taken in possession by the investigating officer. The documents were sent for comparison on 12.12.2012 after more than one month of their recovery. Further, no attempt was made by the investigating officer to establish that the pages Ex. PB and PB/1 to Ex. PB/6 belonged to the deceased. The said documents were undated. Moreover, in the present case, the deceased had committed suicide by jumping before the train on 9.9.2012 whereas the complaint was made on 23.10.2012.