BASTI RAM Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This appeal has been filed to challenge the impugned judgment dated 05.05.2014 passed by Additional Sessions Judge, Jhajjar, whereby, the accused -respondents have been acquitted of the offence under Sec. 306/34 of the Indian Penal Code by giving them the benefit of doubt.

(2.) Briefly, the facts of the case are that FIR No. 469 dated 27.10.2012 was registered under Sec. 306/34 IPC at Police Station Sadar, Bahadurgarh on the basis of complaint made by the present appellant against accused -respondents, namely, Ram Chander, Imrati and Manoj, stating therein, that a VT message was received in the police station on 26.10.2012 to the effect that Neelam (since deceased) had been hospitalized in General Hospital, Jhajjar and thereafter, she was referred to PGIMS, Rohtak. On getting said information, Vijay Pal, ASI along with Azad Singh, Head Constable reached at the General Hospital and thereafter, he went to PGIMS Rohtak. An opinion was sought regarding the fitness of Neelam to make statement but the attending doctor declared her unfit to make statement and ultimately, she died in PGIMS, Rohtak during medical treatment. After that, Basti Ram met Head Constable Azad Singh made a statement that his daughter Neelam was married with Manoj on 27.11.2001 and in spite of giving sufficient dowry at the time of marriage, she was being harassed by Manoj and his parents Ram Chander, Imrati and his other family members as they were not satisfied with the dowry. He even stated that a panchayat of relatives and other persons was also convened on several occasions but all efforts went in vain. Subsequent, thereto, FIR No. 262 dated 28.04.2012 was got registered by him under Sec. 498 -A IPC but thereafter, the matter was got settled in panchayat with the intervention of respectables. However, in spite of that compromise arrived at between the parties, still his daughter was harassed and on 26.10.2012 at about 7.30 a.m, deceased Neelam consumed some poisonous substance because of constant harassment by her husband and his family members. All these things were disclosed to Basti Ram when his daughter regained consciousness during her treatment. It was also mentioned in the statement by the complainant that on receiving the information regarding the consumption of poisonous substance by his daughter, he went to General Hospital, Jhajjar and thereafter to PGIMS, Rohtak but ultimately, his daughter died. After completing necessary formalities, the challan was presented and charge was also framed for offence punishable under Sec. 306/34 IPC.

(3.) The prosecution examined as many as 16 witnesses. Thereafter, the statements of the accused were recorded under Sec. 313 Cr.P.C, wherein, they denied all the allegations levelled against them and claimed innocence in the matter. The trial Court, on appreciation of evidence and by recording its finding, acquitted all the accused of the charge vide its judgment dated 05.05.2014, which is under challenge before this Court.