SARJU DAS Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) THE complainant being dissatisfied with the acquittal of respondent/accused for an offence under Section 306 IPC has filed this revision petition.

(2.) BRIEF facts of the case are that complainant Sarju's daughter Kalawati was appearing in 10+2 examination. On the recommendation of Bishambar Saini, PW.9, accused Salig Ram was giving her tution though he is only a Peon. Kalawati and accused developed intimacy. When they were seen freely roaming about in the market together, even Bishambar Saini objected. Salig Ram also felt dissatisfied. On the advice of Bishambar Saini, the complainant discontinued the tution of his daughter through the accused. On 7.7.1995 when the complainant went on duty, as he is gardener by profession, he received a message that his daughter has strangulated herself by hanging. He immediately rushed to his house. Before that on being informed Inspector Harvel Singh, SHO PS Sector 31, Chandigarh reached the complainant's house. He found the deceased hanging. He prepared the site plan. Constable Mohinder Singh prepared the photographs. Inquest proceedings were held. He also seized one diary and one suicidal note with a ball pen in the room of the deceased. Body was sent to P.G.I. for post-mortem. Dr. J.K. Kalra conducted the autopsy. He found ligature mark on her neck. The cause of death was asphyxia due to hanging.

(3.) THEREAFTER , statements of complainant Sarju Ram and his wife Jamuna were recorded. In this statement the complainant stated that for the last 1-1/2 years Salig Ram was giving tution to his daughter. He was living in their neighbourhood. But for the last seven weeks he has left that accommodation and has started living somewhere else. Kalawati was going to the house of the accused for taking tution. He never suspected any illicit relations between the two. But once he went on cycle to Mansa Devi Temple along with his both the daughters. Accused was also there on his Moped. While coming back on the suggestion of the accused he agreed that accused will leave his both the daughters on his Moped at his house. Complainant reached his house on his cycle. After about two hours his both the daughters reached their house along with the accused. On being asked, accused gave the explanation that he took Kalawati and her younger sister Rama Bati to Sector 17 to show his office to them. Later on, on suspicion when he asked Ram Wati the cause of delay, she told him that in Sector 17, Salig Ram and Kalawati went inside a room leaving her outside, they bolted the room from inside and came out after some time. Two boys were also present there, but Salig Ram threatened her not to disclose this fact to her parents. Thereby the complainant suspected that his daughter Kalawati is having illicit relations with the accused. Three/four days thereafter even Bishambar Saini advised him to discontinue Kalawati's tution from Salig Ram as they are adopting wrong ways and as she is often seen on his Moped in the market. Thereafter her tution was discontinued. Even then the accused and Kalawati used to meet secretly. In the meantime, Salig Ram married another woman. On 3.7.1995 when he was going to his office he saw accused and Kalawati standing near Shiv Temple, talking to each other. As soon as they saw him Kalawati went inside the temple and Salig Ram accused slipped away. Since that day Kalawati was in a disturbed mental frame. On 7.7.1995 she committed suicide by hanging herself. The complainant suspected that Salig Ram had promised Kalawati to marry and thereby he developed illicit relations with her and later on he married another woman and thus spoiled his daughter's life. On this statement, the F.I.R. was registered under Section 306 IPC on 1.11.1995.