- (1.) This application has been filed under Section 378(4) read with Section 372 Cr.P.C. seeking leave to file an appeal against the judgment of acquittal dated 6.9.2011.
(2.) Respondents No.2 and 3 were arrayed as accused in FIR No. 87 dated 12.4.2008, Police Station Sadar, Sunam for commission of offences under Sections 304-B and 406 IPC. It was an allegation against them that they had killed Napinder Pal Kaur, wife of respondent No.2 by giving her poison on 8.4.2008. It is on record that after the death of Napinder Pal Kaur, her father, namely, Jora Singh-applicant No.1 stated before the police that she had consumed poison by mistake. It was further stated by him that neither he nor any of his family members had any grudge against in-laws of the deceased. On the basis of above statement, proceedings under Section 174 Cr.P.C. were carried out. Subsequent thereto, on 12.4.2008 Amrit Pal Singh (PW.2), brother of the deceased, informed the police that on account of maltreatment given to the deceased for bringing less dowry, she had committed suicide. On the basis of his statement, FIR was recorded against respondents No.2 and 3.
(3.) The trial Judge has noted the following facts regarding case of the prosecution:- "that Napinder Pal Kaur daughter of Jora Singh was married with Darshan Singh on 13.2.2006 at Maharaja Palace, Sunam. Beant Kaur is mother of Darshan Singh. Even if an amount of Rs.4.5 Lakhs was spent on the marriage and given to the accused in the shape of Shagun and dowry the accused were not happy there with and had been demanding a car. A year after the marriage Napinder Pal Kaur delivered a female child from this wedlock. Her parents gave ornaments and clothes etc. in chhuchak but the accused did not like those gifts. Napinder Pal Kaur telling her parents, whenever she visited them, that she was being maltreated and beaten by the accused over demand of car in dowry and her parents used to console her and send her back to the matrimonial house. A month before 08.04.2008 Napinder Pal Kaur had visited her parental house to tell that she was still being beaten by her husband and mother-in-law who were demanding for more dowry and were not happy with the gifts given in chhuchak. Napinder Pal Kaur was again consoled and sent back to her matrimonial house. On 8.4.2008 Napinder Pal Kaur committed by consuming Aluminium Phosphide, a poison unable to bear torture and maltreatment any further.";