SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This special leave to appeal is directed against the impugned judgment dated 19.01.2016, passed by learned Additional Sessions Judge, Rupnagar, whereby accused-respondent Nos.2 and 3 were acquitted of the charges framed against them under Section 306 read with Section 34 IPC.

(2.) The learned counsel for the applicant-appellant contends that deceased, Nishu @ Nisha daughter of the applicant-appellant had committed suicide due to the harassment and beatings of respondent Nos.2 and 3, which she herself disclosed to the applicant-appellant that she had consumed a poisonous substance had been administered to her by respondent Nos.2 and 3 while she was being taken to PGI, Chandigarh. Son of the deceased, namely, Shubham made a statement under Section 161 Cr.P.C., 1973 that respondent Nos.2 and 3 had given beatings to his mother (deceased-Nishu @ Nisha). The learned trial Court did not decide the application moved by the prosecution under Section 311 Cr.P.C., 1973 for summoning son of the deceased and Dr. Deepti, who was on duty at the relevant time. The husband of the deceased had moved an application for cancellation of present FIR. However, after thorough enquiry, SP (Investigation), District Rupnagar found the said application to be false. The learned trial Court has ignored these material facts which otherwise clearly establish the offence against respondent Nos.2 and 3 under Section 306 of IPC.

(3.) I have heard the learned counsel and carefully perused the entire record on file.