- (1.) Applicant-Raj Kumar has filed this application under Section 378 (4) Cr.P.C., seeking leave to file an appeal against judgment dated 1.12.2010, vide which, respondent Nos.3 and 4 were acquitted of the charge framed against them. It is further prayed that punishment awarded to respondent No.2 vide order of the even date, being inadequate be increased.
(2.) An FIR No.214 dated 9.10.2009 was recorded against the above named respondents/ accused under Section 306 IPC in police station Sadar Phagwara. It was allegation against them that on account of their harassment to bring more dowry, Seema daughter of the complainant, had died due to strangulation on 8.10.2009.
(3.) The trial Judge has noted the following facts regarding case of the prosecution:- "That Seema, daughter of Raj Kumar was married with Surjit Rai on 20.8.2003 at Ludhiana. However, soon after the marriage, this Surjit Rai, her husband, Dilbag Rai, father-inlaw and Kalasho, mother-in-law, all accused started maltreating her on the ground that she has brought less dowry. On one occcasion, they raised a demand of Rs.1,50,000/- when a house was sold by Raj Kumar. Then, two years prior to the death of seema with the intervention of Panchayat, a compromise was effected, vide which, Surjit Rai and Seema started living separate from their parents in village Sahni in Tehsil Phagwara. Their parents lived at Ludhiana. Surjit Rai had been ringing Raj Kumar to give him Rs.1,50,000/-, which he failed to pay. Because of the said maltreatment given to Seema, she finished her life by hanging herself from the ceiling of the house on 8.10.2009 and a telephonic call to this effect was received by the parents of Seema in their house. Then, they alongwith some other persons reached the house of Surjit Rai, from where they went to hospital at Phagwara, where they found Seema dead.";