- (1.) THE State of Haryana has filed this application (CRM -A No.241 -MA of 2014) under Section 378(3) Cr.P.C. for grant of leave to appeal against the judgment dated 13.9.2013 passed by the learned Additional Sessions Judge, Sonipat, whereby all the three accused (respondents No.1 to 3 herein) have been acquitted from the charges framed against them under Sections 498 -A, 406, 304 -B and in alternative under Section 302 read with Section 34 I.P.C.
(2.) THOUGH this application for grant of leave is barred by limitation, and along with it, the applicant/State has filed an application (CRM No.5305 of 2014) for condonation of 57 days delay in filing the application for grant of leave to appeal, yet without taking the said delay into consideration, we have heard the learned counsel for the applicant on merits.
(3.) COMPLAINANT -Ved Ram has also filed CRA No.D -1515 -DB of 2013 under Section 372 Cr.P.C. against acquittal of the aforesaid accused. We have also heard the learned counsel for the complainant and have gone through the record of the case which has been requisitioned and decided to dispose of both the cases by this judgment. In this case, deceased Nivedita daughter of Ved Ram (complainant) was married with Gopal son of Dharampal on 8.12.2010. It is the case of the complainant that after the marriage Gopal and the members of his family started harassing Nivedita on account of demand of dowry. On 1.12.2012, he received a telephone call from his daughter informing him that her husband, parents -in -law Dharampal and Ram Pyari, Jeth Bhopal and Jethani Sunita were torturing her for bringing less dowry. On that, the complainant persuaded his daughter to let him talk to her father -in -law but she stated that he was not willing to talk. It has been alleged that then the complainant along with P.Ws Krishan and Ranbir, who were related to him, went to the matrimonial house of his daughter. They reached there at about 1.00 AM where he found dead body of his daughter lying in a burnt condition. Her hands and mouth were tied. There was a cut mark on her neck. The police reached on the spot and recorded the statement of the complainant, on the basis of which, the formal FIR was registered under Sections 304 -B, 498 -A, 302 read with Section 34 IPC. The inquest proceedings were conducted and the dead body was sent for post -mortem examination. From the spot, one knife, one piece of cloth stained with blood, one partially burnt piece of cloth and pieces of partially burnt quilt were collected. Dr. Kunal Khanna (PW8) conducted the post -mortem examination of the dead body of Nivedita. He found six incised wound injuries on the body of the deceased. The hands and mouth of the deceased were found tied with some adhesive tape and deep burn injuries on the entire body. As per his opinion, the cause of death was cut throat wound described in injury No.1, which was ante -mortem, homicidal in nature and sufficient to cause death in ordinary course of nature, consequent to the use of a heavy sharp weapon. The burns were post -mortem in nature. It is pertinent to mention that at the same time Gopal, husband of the deceased, also sustained burn injuries. He was medico -legally examined by Dr. Shashi Verma (DW2). Due to those burn injuries, he died on 10.12.2012 in PGIMS, Rohtak. His post -mortem was also conducted and it was opined that death of Gopal was caused due to burns and their complication.;