Criminal Revision No. 2763 of 2008 1 In the High Court of Punjab & Haryana at Chandigarh Criminal Revision No. 2763 of 2008 (O&M) Date of decision: 28.10.2009 Vishnu Bahadur ..... Petitioner vs Gurumukh Singh and another ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Vishal Taneja, Advocate for Mr. Rahul Vats, Advocate, for the petitioner. Rajesh Bindal J. Prayer in the present revision is for setting aside judgment dated 12.7.2008 vide which the learned Additional Sessions Judge, Narnaul, acquitted the accused-respondent of the charges framed against him. The allegations against the accused-respondent, as has been mentioned in the judgment of the court below, are that on 27.12.2006 at about 9.00 pm, the complainant received information about the death of his nephew Dalip, aged 15/16 years, who was working as a domestic servant with the accused- respondent for the last six months. Thereafter, the complainant along with other persons went to the house of the accused and saw that Dalip was lying dead on a cot. There was no injury mark on the person of the deceased. On the request of the complainant, post mortem was conducted and the viscera was sent for chemical examination. It was reported that it contained Aluminum phosphide. The case was registered and challan was presented against the accused-respondent. The court below considering the evidence brought on record, acquitted the accused-respondent. Aggrieved against the order of acquittal, the petitioner has approached this court by way of present revision. Admittedly, FIR in this case was registered on 28.7.2007 after receipt of FSL report, whereas death had taken place on 27.12.2006 at about 9.00 am and DDR was recorded on 28.12.2006 at about 2.15 am. Statements of PW5 Murari Lal and PW6 Ganesh Parshad under Section 161 Cr.P.C. were recorded by the police on 28.7.2007 wherein it is stated that Dalip was suffering from illness and no medical treatment was given to him and due to this reason he committed suicide, which clearly shows that it was a concocted story. Had there been any foul Criminal Revision No. 2763 of 2008 2 play, the complainant must have stated that in the DDR lodged by him on 28.12.2006 but there was no such allegation made against the accused-respondent. In view of the delay and contradiction in the version of the witnesses, it cannot be said that acquittal of the accused-respondent is wrong. There is nothing on record to suggest that the deceased was suffering from any ailment which required any treatment. If the complainant or the other relatives of the deceased had the knowledge of his illness, then they should have asked him to leave the job. The trial court has rightly acquitted the accused- respondent as there was no material on record which shows that the deceased had committed suicide or had accidentally consumed aluminum phosphide which is used for storage of dry grains to prevent it from infection of pests. There was no mark of external injury on the body of the deceased. The post mortem and the inquest reports do not reflect that Dalip was suffering from any illness. As has been rightly observed by the court below that even if it is presumed that Dalip consumed aluminum phosphide intentionally to commit suicide even then the prosecution had to prove abetment on the part of the accused-respondent to Dalip for committing suicide, which the prosecution has totally failed to prove. The deceased was merely working as domestic help with the accused and he was not going to gain anything by instigating deceased to commit suicide. Had there been any dissatisfaction from his work, he could simply be removed from the job. In view of the above, there being no merit in the revision, the same is dismissed. Since the revision has been dismissed, the application for condonation of delay is also dismissed. 28.10.2009 ( Rajesh Bindal) vs. Judge