SUKHCHAIN SINGH Vs. MRIDULA BHARDWAJ

JUDGEMENT

(1.) The present application has been preferred under Sec. 378(4) Cr.P.C. seeking grant of leave to appeal against the judgment of acquittal dtd. 4/9/2024 passed by the learned Additional Sessions Judge, Tam Taran in a complaint under Ss. 305 and 306 IPC, registered at Police Station Patti.

(2.) Learned counsel for the applicant submits that the trial Court had erred in acquitting respondent No.l inasmuch as there was substantial incriminating evidence indicating her role in instigating and abetting the offence. He further submits that it is a clear cut case of abetment to suicide, since the deceased, Gauravdeep Singh, had ended his life due to the direct instigation of respondent No.l. The oral dying declaration made by the deceased, wherein he had narrated the entire incident, should be treated as a crucial piece of incriminating evidence and the judgment passed by trial Court while disbelieving it, is unsustainable under the law. He, therefore, submits that the judgment of acquittal be set aside and respondent No.l be convicted for the offence punishable under Sec. 305 IPC.

(3.) We have heard learned counsel for the applicant and perused the material available on record.