VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The applicant-appellant Vinod Kumar prays for leave to appeal against judgment 10-4-2010 passed by learned Additional Sessions Judge, Fast Track Court, Gurgaon whereby respondents ' Sanjay, Santosh and Om Parkash have been acquitted of the charges under Sections 306, 34, I.P.C. against them.

(2.) As per the prosecution version, a telephonic message was received on 1-11-2008 at Police Station City Gurgaon that dead body of an unknown person was lying on the service road NH-8 under pass. Head Constable Subhash Chand proceeded to the spot. Dead body was brought to the General Hospital, Gurgaon. It was subjected to post-mortem examination. Post-mortem was conducted by PW12 Dr. Ravi Bala Sharma. As per Post Mortem Report (Ex.PW12/A), cause of death could be ascertained only after receiving the report of Chemical Examiner. No external mark of injury was found on the body. No identification being available with only a sticker on the trouser of the deceased ' Jaipur Tailor Pillani' being discovered. Constable Sunil Kumar was sent to Pillani to inquire about the tailor at Jaipur along with the photograph of the deceased. The tailor of the shop could not recognize or identify the owner of the trouser. On reaching Police Station Pillani, photograph of the deceased was shown to Constable Sunil Pathak, who identified it to be that of Ram Avtar, who was brother of his friend Vinod Kumar. Vinod and his cousin were called by the Constable to the police station. They then came to Gurgaon and dead body of Ram Avtar was identified by them. Deceased Ram Avtar was stated to be the elder brother of Vinod Kumar (PW10). Report was lodged by Vinod Kumar to the effect that they are six brothers including him. He was the youngest. His elder brother Ram Avtar aged about 35 years was married with respondent Santosh on 23-1-2006 but they could not carry on together after about 1 1/2 years of marriage. Three months prior to the lodging of the report, a decree of divorce by mutual consent was passed dissolving the marriage of Ram Avtar and Santosh. Allegedly Santosh started residing with Ram Avtar after about one month of divorce in a rented house at Gurgaon. Approximately 1 1/4 month prior to the occurrence, deceased Ram Avtar came to Pillani and told the complainant and his brother Budh Ram that respondents Santosh, her father Om Parkash and his brother-in-law Sanjay are pressurizing him to transfer a plot measuring 25 sq. yards. in the name of Santosh. They were alleged to be asking for a deposit of Rs. 3 lakhs in the alternate. Deceased Ram Avtar expressed his inability on which he was beaten by the accused. Suicide note, Ex. PW8/A was allegedly recovered.

(3.) Rajender Singh, Inspector (PW9) on inspection of the rented room of the deceased recovered suicide note Ex.PW8/A. One Aluminium lunch box containing various medicines was also taken in possession (Ex. PW9/A). It is the case of the prosecution that the accused persons compelled Ram Avtar to commit suicide.