CRM-A No.45-MA of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A No. 45-MA of 2011 (O&M) Date of decision:- 05.05.2011 Naresh Kumar ....Appellant Vs. State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Manish Bansal, Advocate, for the appellant. HEMANT GUPTA, J. Complainant-Narresh Kumar is in appeal aggrieved against the judgment dated 14.09.2010 passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Mansa, whereby respondent Nos. 2 and 3 herein were acquitted of the offences under Sections 306, 376 IPC. Rekha Rani wife of Naresh Kumar, the present appellant, died on 10.03.2008. The marriage between the parties was solemnized on 01.11.1992 and out of the wedlock, three children were born. The eldest one Nisha Rani (PW-3) is aged about 14 years. The cause of the death, as per postmortem report, is aluminum phosphide. Initially in inquest proceedings, the appellant has given statement that he does not suspect anybody in the unnatural death of his wife, but subsequently on the basis of four typed letters dated 10.03.2008 (Ex.PW1/A to Ex.PW1/D), he made a complaint for CRM-A No.45-MA of 2011 (O&M) 2 lodging of the criminal case against the respondents No.2 and 3. On the basis of such complaint, the criminal proceedings were initiated. The appellant has deposed before the learned trial Court as PW-1. Learned trial Court has considered the evidence of the appellant and his daughter Nisha Rani (PW-3). It inter alia returned a finding that the deceased was already in her parental home on 09.03.2008 and that there is no evidence that she was in a fit condition to get the letters (Ex.PW1/A to Ex.PW1/D) typed. There is no evidence that who has typed these letters or that there were some arrangements in her parental home for the typing of these letters. Earlier the appellant has made a statement that he does not suspect any foul play in the death of his wife, but after two weeks, he came out with the letters and initiated criminal proceedings. The entire sequence of events is doubtful. It was so found by the learned trial Court. In view of the said fact, we do not find any perversity in the finding recorded, which may warrant interference in the order passed by the learned trial Court. Dismissed. (HEMANT GUPTA) JUDGE (A.N. JINDAL) JUDGE 05.05.2011 ajp