BAHADUR SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) INSTANT appeal, at the instance of the complainant, is directed against the impugned judgment of acquittal dated 27.09.2013, passed by learned Addl. Sessions Judge, Narnaul, whereby accused -respondents were acquitted of the charges framed against them.

(2.) BRIEF facts of the case, as recorded by learned trial Court in para 1 of its judgment, are that the prosecution case in nutshell was that application Ex.PW8/A was moved by the complainant to the police on 11.01.2013. The complainant in his application Ex.PW8/A stated that he was resident of Village Khurd Bhushan. He was having two daughters and deceased Sawran Kumar was his son. The marriage of deceased Sawran Kumar was solemnized with Dhanpati about 15 -16 years ago. Several time matrimonial discord occurred between them but later on they were settled with the intervention of the relatives. For last one year on account of matrimonial discord Dhanpati had filed a Court case against his son and in the aforesaid Court case his son had to go to jail. For last few days, the brother - in -laws of his son i.e. Jaswant and Dharmender and Mosera Sasur (wife's mother brother -in -law) his son for grabbing the property and money of his son were harassing and threatening him. In this regard, the Sarpanch of his village Ram Kishan and Rameshwar Parshad tried to intervene and tried to get the matter compromised, but the brother -in -laws of his son for building pressure said that Sawran Kumar would have to go to jail. On that occasion, Jaiparkash did not allow the matter to be compromised. His son (deceased Sawran Kumar) had to go to jail. On that day, he and his wife Savitri Devi came to Court where Sawran Kumar met his brother -in -law Jaswant. When Sawran Kumar was scolded by Jaswant then his son said that he has become frustrated. Both the brother -in -law of his son and Dhanwant said that things would go as per their choice. Thereafter, the dead body of his son Sawran Kumar was found between the Railway line of Mirjapur Bacchod and Narnaul. Sawran Kumar on the Railway line had committed suicide on account of his brother -in -laws and Mosera Sasur. On the personal search of his son a suicide note was found. On the aforesaid suicide note his son has accused his brother -in -laws and Dhanwant for his suicide. Earlier they kept waiting in view of the Panchayat decision, now they have fully inquired the matter. His son has committed suicide by coming under train on 06.11.2012 under frustration, torture and harassment inflicted on him by his brother -in -laws i.e. Jaswant, Dharmender, Dhanwant, Jaiparkash Master and Sanwat Singh etc. are responsible. On the basis of the aforesaid application, FIR Ex.PW14/A, under Section 306 IPC was registered. After the conclusion of the investigation, the above named accused persons have been sent by the Police Station, GRPS, Rewari to stand trial for committing offence under Section 306/34 IPC.

(3.) AFTER hearing learned counsel for the parties and going through the evidence brought on record, the learned trial Court came to the conclusion that the prosecution had failed to bring home the guilt against both the accused. Accordingly, the accused were acquitted of the charges framed against them vide impugned judgment of acquittal dated 27.09.2013. Hence this criminal appeal against acquittal, at the hands of the complainant.