SATBIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 04.09.2014 passed by Additional Sessions Judge, Bhiwani vide which the accused/respondents No. 2 to 6 were acquitted from the charge framed under Section 306 IPC.

(2.) Brief facts of the case are that on 18.04.2013, on receiving a telephonic information in the police station regarding death of Jagbir son of Om Parkash, the police reached in the hospital and found the complainant/brother of the deceased present near the dead body and recorded his statement Ex. P-14. In the statement, it was alleged that they are four brothers and sisters and the complainant and Jagbir were living separately. Jagbir was married to Kavita Devi (one of the accused) in the year 2008 and there was a matrimonial dispute going between them as Kavita Devi had filed a dowry case against Jagbir, his brother and mother which is pending in Court. It was further stated that Kavita Devi was extending threat to his family and even on 18.04.2013, she had made a call to him and his brother who has committed suicide by taking poison due to harassment caused by his in-laws. On the basis of this statement, DDR No. 29 Ex. P-3 was recorded and subsequently, a formal FIR Ex. P-4 was registered. The police initiated the proceedings under Section 174 Cr.P.C. and a suicide note dated 18.04.2013 Ex. P-9 was recovered from the pocket of the deceased, vide recovery memo Ex. P-10. The complainant later on produced the driving licence of the deceased which was recovered, vide recovery memo Ex. P-13 and the same was sent to FSL for comparison with signature of the deceased on the suicide note.

(3.) Thereafter, the police completed the further investigation and the post-mortem of the deceased was conducted vide report Ex. P-8.