Harsh Kumar, J. - (1.) Heard Sri Rajesh Kumar Verma, learned counsel for the applicant, learned AGA for the State and perused the record.
(2.) The present application has been moved for leave to file appeal against the impugned judgment and order dated 15.5.2018 passed by Sessions Judge, Moradabad in S.T. No.950 of 2016, Case Crime No.586 of 2015, (State Vs. Smt. Soni), acquitting the opposite party no.2 from the charges of offence under section 306 IPC.
(3.) The prosecution case in brief is that on the report submitted by Manoj Kumar Singh, the brother of deceased a G.D. Entry No.59 was made at P.S. Majhola, District Moradabad at 18:30 p.m. on 14.8.2015 to the effect that his younger Ravi @ Chhotu aged about 26 years under influence of some metaphysical effects, for which he was given treatment, but his wife Smt. Soni went to her parental house 15 days back and as usual Ravi Took his meal and went inside his room at about 11:00 p.m., but, he did not come out till late hours in noon and upon seeing from ventilator, he was found sitting by the side of refrigerator and foul smell was there and it was suspected that he had consumed some poisonous substance and had committed suicide. It was also contended that a suicide note, in 3 pages, and two tablets of Salfas, in a glass vial (Shishi) was recovered from the spot. Subsequently, F.I.R. was lodged at Case Crime No.586 of 2015, under section 306 IPC by Manoj Kumar Singh against Smt. Soni, the respondent, her maternal grand-mother, maternal aunt and her brothers Pushpendra and Gaurav, under section 306 IPC with the allegations that Smt. Soni had illicit relations with some paramour to whom she used to talk and pressurized the deceased to dispose of his entire property and reside with her at her maternal grand-mother's village and she used to physically and mentally torture the deceased and extended threats of dire consequences and owing to this torturing, the deceased committed suicide by engulfing poisonous substance on 14.8.2015.;