STATE OF HARYANA Vs. ANUP SINGH AND ORS.

JUDGEMENT

(1.) The present appeal has been preferred by the appellant State of Haryana against the judgment of acquittal dated 5.5.2004 passed by the then learned Additional Sessions Judge, Hisar vide which the respondents were acquitted for the offence punishable under Sections 306/34 of the Indian Penal Code (hereinafter called the IPC). The brief facts of the prosecution case are that complainant-Rattan Singh had got four daughters and two sons. About 9/10 years prior to the occurrence, he had married his daughters Bhateri and Tripta with Dalbir and respondent-Anup Singh respectively sons of Bala Ram, resident of Balsamand. His daughter Tripta was harassed by her husband Anup Singh and her mother-in-law Shanti Devi. Anup Singh used to beat her after taking liquor and Shanti Devi used to instigate Anup Singh for beating her. This act was disclosed by his daughter Bhateri on 2.5.2002. Bhateri had also disclosed that Tripta had told her that due to the harassment given by Anup Singh and Shanti Devi, she was fed up and it is better to die than to live in such a situation. On 3.5.2002, he received a telephone call at about 5:30 PM from Azad Singh, resident of Balsamand to the effect that Tripta has died and then he along with his son Mahender Singh and brother Beer Singh went to Balsamand at the house of Tripta and found that she was lying dead on the cot. She was having a ligature mark around her neck. He had satisfied himself that she has committed suicide due to harassment given by her husband and mother-in-law. The statement of complainant - Rattan Singh Ex. P16 was recorded by SI Kartar Singh, SHO Police Station Adampur on the basis of which formal FIR Ex. P17 was registered and investigation was started.

(2.) SI Kartar Singh along with other police officials inspected the spot. He got the spot photographed. Inquest proceedings under Section 174 Cr.P.C. were conducted. The Investigating Officer also prepared the site plan of the place of occurrence. The rope which was used as ligature was taken into possession vide memo Ex. P28. The dead body was sent for post-mortem examination through ASI Des Raj and Constable Jag-dish. The post-mortem examination was conducted at Civil Hospital, Hisar on 4.5.2002. After the post-mortem examination, the doctor handed over the belongings of the deceased in a sealed parcel which was taken into possession by the Investigating Officer vide memo Ex. P26. Accused were arrested on 4.5.2002. The leaf of Bahi Ex. P29 was taken into possession vide memo Ex. P30.

(3.) On completion of the formalities of the investigation, the report under Section 173 Cr.P.C. was presented in the Court.