Crl.Rev No.1866 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev No.1866 of 2009 Date of Decision: 10.08.2011 Bahinder Singh ...Petitioner Vs. State of Punjab & Ors. ...Respondents BEFORE: HON'BLE MR.JUSTICE A.N.Jindal Present: Mr.Vivek Singla, Advocate, for Mr.P.S.Paul, Advocate, for the petitioner. --- A.N.Jindal, J. This revision petition has arisen out of the judgment of acquittal dated 4.05.2009 passed by learned Sessions Judge, Rupnagar, acquitting the accused (hereinafter referred to as the respondents), under sections 306 and 406 read with Section 120-B IPC In nutshell the prosecution story is that Bahinder Singh, father of deceased Deepika disclosed in his statement dated 8.6.2007 that the latter was married to accused Ravinder Singh alias Ravi. Out of the wedlock, no child was born. She was M.Sc. (IT) and was working as Computer Teacher in Senior Secondary School, Khera Kalmot, Anandpur Sahib for the last 2 years. Ravinder Singh was addicted to liquor and he used to beat his daughter under the influence of liquor. Similarly, Ajit Singh Crl.Rev No.1866 of 2009 2 father-in-law, Satya Devi mother-in-law, and Varinder Singh brother-in- law, of deceased also used to taunt her on the pretext of not conceiving. The deceased used to disclose to her parents about the atrocities suffered by her at the hands of the respondents. On 6.6.2007 a telephonic message was received from Deepika that Ravinder Singh alias Ravi was maltreating her upon which his son Vijay Singh went to her in-laws house and brought her to village Bakhlaur. On 8.6.2007 at about 7 AM Deepika had gone to her school for teaching. However, at about 9.30 AM he came to know that her daughter, by reaching at Ropar, had consumed some poisonous substance and had jumped into the Sirhind Canal near Head Works Ropar on account of the harassment suffered at the hands of respondents and was taken out from the canal by Daljit Singh and Satvir Singh, the employees of Canal Department and then they got her admitted in Civil Hospital, Rupnagar. On the basis of the above statement of Bahinder Singh, case was registered against the respondents, which was investigated and ultimately charge report was submitted against them. On commitment all the accused were charged for offences under sections 306 and 406 IPC, to which they pleaded not guilty and claimed trial. In order to substantiate the charge the prosecution examined 10 witnesses viz. Bahinder Singh complainant (PW 1), Daljit Singh (PW 2), HC Dharam Pal (PW 3), HC Som Nath (PW 4), Shiv Partap Singh (PW 5), Kamaljit (PW 6), Shiv Kumar Saini (PW 7), SI Ram Lubhaya Investigating Officer (PW 8), HC Sucha Ram (PW 9) and Dr.Barinder Singh (PW 10). The accused/respondents in their statements under section 313 Crl.Rev No.1866 of 2009 3 Cr.PC denied all the incriminating circumstances appearing against them and pleaded their false implication in the case. Trial resulted into acquittal. Arguments heard. Record perused. Substantial charge against the accused is that they had cheated deceased Deepika and also abetted her to commit suicide. No iota of evidence has been led by the prosecution in order to establish the offence of cheating. As regards the abetement of suicide it may be observed that admittedly, on the day of occurrence i.e. 8.6.2007 Deepika was neither present at the house of the respondents nor she had come from their house while going to Ropar where she committed suicide. Actually, she had left the house of her husband and come in the company of Vijay Singh to her parental house. Story of Deepika regarding jumping into the canal is doubtful because Dr.Barinder Singh (PW 10), Medical Officer, Civil Hospital, Rupnagar who conducted the autopsy on the dead body of Deepika has specifically admitted in his cross-examination that there was no mark of external injury on her dead body and it was not a case of drowning. He has also deposed that the cause of death could be disclosed only on the receipt of report of Chemical Examiner but later on, he gave the cause of death as poisoning (Aluminum Phosphate) and not drowning whereas, story of the prosecution is that Deepika had consumed poison and thereafter jumped into the canal. Even, no witness has come forward to state if she had taken poison before jumping into the canal. Daljit Singh PW 2 who had seen the deceased jumping into the canal does not state if she had consumed Crl.Rev No.1866 of 2009 4 poison in his presence. In the light of contradictory medical evidence regarding death, the prosecution story becomes doubtful. Now while examining other aspects of the case, the prosecution has failed to lead any evidence regarding abatement of commission of offence. Admittedly, Varinder Singh, Deepika's husband's brother, Ajit Singh, father-in-law and Satya devi mother-in-law, were living separate at House No.183, Malhat Nagar, Una, from Ravinder Singh alias Ravi whereas she was living with the latter at Chandigarh. However, she was serving as Computer Teacher in Senior Secondary School, Khera Kalmot, Anandpur Sahib. Her husband was working at Chandigarh and was doing computer business. Even according to the prosecution the deceased was brought by Vijay Singh at his house on 6.6.2007 and thus, there was lot of gap between the alleged act of instigation and the act done by the deceased, therefore, question of abatement on the part of the respondents does not arise. Trial court appears to have appreciated the evidence in the right perspective. No illegality or perversity much less any such irregularity has been found in the proceedings conducted by the learned trial court warranting interference by this court at this revisional stage. Dismissed. (A.N.Jindal) 10.08.2011 Judge rp