Harsh Kumar, J. - (1.) The present application has been moved for leave to file appeal against the impugned judgment and order dated 23.8.2018 passed by Sessions Judge, Hamirpur in S.T. No.16 of 2017 (State Vs. Arjun and others), Case Crime No.493 of 2016, acquitting the opposite party nos. 2 and 3 from the charges of offence under section 306 IPC.
(2.) Heard Sri Arimardan Singh Rajpoot, learned counsel for the applicant, learned AGA for the State and perused the record.
(3.) Learned counsel for the appellant contends that appellant Brijbhan Singh lodged a F.I.R. against respondent nos.2 and 3 under sections 302 and 328 IPC on 26.10.2016 at 5:00 p.m. with the averments that his elder brother Kishun had a dispute with respondent nos.2 and 3, who had stolen wood from his agricultural field, of which his brother had made a complaint at P.S. Rath and higher authorities because of which they were annoyed and used to abuse him every now and then and also demanded Rs.10,000/-, as damages and expenses incurred by them; that on 26.10.2016 at 9:30 a.m. Kishun told him that Arjun, Ram Sahai, Nand Ram met him in the evening of 25.10.2016 in the market and told him that they will return his wood and he may come tomorrow to receive the wood and he should withdraw his complaint, whereafter Kishun left to village Aunta and when he reached near his agricultural filed around Gahra Chauki above three persons Arjun, Ram Sahai and Nand Ram obtained his signatures on blank papers after committing marpeet with him and forcibly administered him poisonous substance which incident was seen by Shankar and Shiv Pal and they informed the appellant at about 11:10 a.m. about lying of Kishun in almost likely to die condition; that the appellant Brijbhan reached the fields and seen Kishun in critical condition and brought him to Government Hospital, Rath where after treatment for sometime he died; that a suicide note was recovered at the time of preparation of inquest report wherein it was contended that accused-persons used to abuse the deceased and demanded Rs.10,000/- and being disturbed he is committing suicide; that due to misconduct of respondent nos.2 and 3, Kishun was compelled to commit suicide and the learned trial court has acted wrongly and illegally in passing the impugned order of acquittal; that the findings recorded by the learned trial court are wrong and perverse and impugned order of acquittal is liable to be set aside.;