STATE OF HARYANA Vs. RAM SEWAK AND ORS.

JUDGEMENT

(1.) The State of Haryana has filed the present application in terms of Sec. 378 (3) of the Code of Criminal Procedure ('Cr.P.C. for short) seeking leave to appeal against the judgment and order dated 4.9.2006 passed by the learned Additional Sessions Judge, Faridabad acquitting the respondents.

(2.) On a complaint made by Satish Kumar Sharma the respondents were proceeded against for the offence punishable under Sec. 306 of the Indian Penal Code ('IPC for short). Satish Kumar Sharma (complainant) was running a STD/PCO shop. On 10.4.2003, at about 7.30 p.m. he rang up at his residence but no one attended the call. Consequently, he became suspicious and went to his house. The main gate of his house was locked and the door was bolted from inside. He was enquiring from the neighbourhood when his wife Smt. Kanta Kumari came there and told him that she had gone to participate in the 'Kirtan in the nearby house after leaving their daughter Seema at their house. They broke open the door of the house and found that their daughter Seema had committed suicide by hanging herself from the ceiling fan of the room in their house. The wife of the complainant i.e. Smt. Kanta informed the complainant that Sharda Devi (respondent No.2), Vipin Chand (since deceased), Ram Ashish (respondent No.5), Gian Chand (respondent No.6) and Sham Sharma (respondent No.7) had come to their house and quarrelled with them. They also hurled abuses on them. Two days earlier to the incident Seema had told her father Satish Kumar Sharma (complainant) that Sharda Devi (respondent No.2) had abused her by saying that she would get her raped by her son. The complainant had asked Sharda Devi (respondent No.2) and Ram Sewak (respondent No.1) as to why Sharda Devi (respondent No.2) had stated such obscene things to his daughter. Both of them denied the fact of making any such statement to the daughter of the complainant. Thereafter, no action was taken against the accused being in the neighbourhood. Seema had felt humiliated on account of the abuses hurled on her by the accused on account of which she committed suicide after leaving a suicide note.

(3.) The learned trial Court found the case to be not made out and accordingly acquitted the accused. The said order is assailed by the applicant-State of Haryana and leave to appeal is sought against the same.