ADARSH GULERIA Vs. RAJINDER SINGH AND ORS.

JUDGEMENT

(1.) Present appeal has been filed by one Shri Adarsh Guleria, who was a complainant in FIR No. 25/09 dated 24.9.2009, Police Station, Jawali. He has assailed Judgment dated 7.8.2010 rendered by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in S.C. No. 27 -J/VII/09 (S.T. No. 26/10), whereby respondents No. 1 to 5 -accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for offences under Ss. 498 -A/34 and 306/34 IPC, have been acquitted.

(2.) Case of the prosecution, in a nutshell, is that deceased Shivani was married to accused Rajinder on 22.2.2008. Dhan Devi is the mother of accused No. 1, whereas Dharamvir is his brother and Sunita is the wife of accused Dharamvir. Sandeep is the nephew of Rajinder. All the accused persons had subjected Shivani to cruelty by giving her physical as well as mental torture and also demanded dowry from her. On 11.1.2009, complainant Adarsh Guleria, brother of Shivani alongwith his sister Shivali and cousin Jyoti had gone to the house of accused on the occasion of Lohri. Adarsh Guleria had come back, whereas Jyoti and Shivali stayed at the house of accused. On 13.1.2009, accused persons quarreled with Shivani and they held her responsible for the loss in business. On 13.1.2009, at 7.30 PM, Shivani telephonically narrated the aforesaid occurrence to Adarsh Guleria and Shivani had also told Adarsh Guleria that accused persons had been torturing her. She also told that she would be coming back with her sister. Consequently, on 14.1.2009, Shivani had come back to the house of complainant alongwith Shivali and Jyoti. Shivani also told the complainant that accused persons doubted her character. On 21.1.2009, Accused Rajinder had called Shivani to Dehra and Shivani had met accused Rajinder and Sandeep at Dehra. When Shivani came back from Dehra, she became sad and did not talk to anybody. On 22.1.2009, complainant Adarsh Guleria received information that Shivani had committed suicide by hanging herself with the ceiling fan. The police was informed and statement of complainant was recorded under Sec. 154 CrPC wherein he alleged that accused persons had abetted Shivani to commit suicide. The post -mortem was conducted. Admitted handwritings of Shivani as well as her questioned handwritings were sent to the Examiner and report was obtained by the police. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as ten witnesses to prove its case against the accused. Accused were also examined under Sec. 313 CrPC. They pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.