SATISH KUMAR MITTAL , J. - (1.) LACHHO , daughter of complainant Smt. Manbhari (who died during trial) and sister of deceased Anil, has filed this application under Section 378 (4) Cr.P.C for grant of leave to appeal against the judgment dated 30.5.2013 passed by the court of learned Additional Sessions Judge, Hisar, whereby all the accused, namely Parshotam; Parveen son of Parshotam; Bittu son of Parshotam; and Ishwar (respondents No.2; 3; 4; and 5 herein) have been acquitted of the charges framed against them in the complaint filed by Smt. Manbhari, mother of the applicant.
(2.) THOUGH there is a delay of 124 days in filing this application for grant of leave to appeal and the applicant has filed application (Crl. Misc. No. 5068 of 2013) for condoning the delay, yet we have heard learned counsel for the applicant on merit, and gone through the impugned order. In the present case, the complaint was filed by Smt. Manbhari (now deceased) against respondents No.2 to 5 and one Mam Chand (who died during trial), alleging therein that her husband had expired about 15 years back, and she had two sons and five daughters. Her elder son Randhir was residing separately, whereas her younger son Anil and her daughters were residing with her. It was alleged that about two moths prior to institution of the complaint, her younger son Anil was working as driver on truck of accused Mam Chand. The said truck was attached with the factory of accused Parshotam. Anil used to load Khal Binola in the said truck from the said factory. On 1.2.1997, her son Anil returned back home and informed her that accused Parshotam had levelled allegations against him regarding the theft of Rs. 80,000/ -. He was got apprehended from the police, but after verifying the facts, the police found him innocent and released him. It was further alleged that on 2.2.1997, the complainant along with her son Anil went to the factory of accused Parshotam, where accused Parshotam, Bittu, Parveen and Mam Chand were present. The complainant raised grouse against the false allegation of theft levelled by the accused against her son, but the accused repeated that her son was a thief, as he had stolen money from the truck. They asked the complainant to transfer her house in the name of accused Parshotam, otherwise her both sons will be kidnapped. Thereupon, the complainant told the accused that if they are satisfied by doing so, they may do so. It was further alleged that the accused had threatened the complainant that in case, she did not transfer her house, her sons will be thrown in the furnaces. It was further the case of the complainant that accused Parshotam, Parveen, Bittu and Mam Chand visited her house many a times and asked her to transfer her house in their name. She told them that she will do so after convening the Panchayat.
(3.) IT was further alleged that on 8.2.1997, accused Mam Chand and Ishwar came to the house of the complainant and asked her to accompany them to the factory in order to get her house transferred in their name. The complainant further alleged that just before arrival of the above named two accused to her house, her son Anil had gone to the house of his in -laws to bring back his wife. It was further alleged that on the same day, at about 9.00 PM, the complainant moved an application in the Police Station complaining the said incident, and when she returned back to her house, her daughter Lachho informed her that Anil had come to the house and he was enquiring about the complainant, but upon calling by accused Ishwar, he had gone with him (accused Ishwar). It was alleged that on 9.2.1997 at about 9.00/9.30 AM, she was informed by Krishan Baldev that Ram Kumar, Mechanic had informed him that the dead body of a boy is lying near the eastern wall of the Government College. On getting this information, the complainant along with her daughter Lachho went to the spot and found the dead body of her son Anil lying there with bleeding from his ear and mouth. She reported the matter to the police. On the basis of her statement, FIR No. 49 dated 9.2.1997 under Section 302 read with Section 34 IPC was registered at Police Station City Hansi, and on 10.2.1997, post -mortem on the dead body was conducted by Dr. Anand Parkash Bhatia and Dr. S.K. Gupta, who found the following injuries on the dead body : "(i) There were multiple abrasions of reddish colour of varying sizes ranging from 1 cm x 0.25 cm, 1 cm x .25 cm, 0.5 cm x 0.25 cm, one below the other in an area of 6 cm x 2 cm of left side of neck in its middle and lateral side, 5 cm away from mid line. On dissecting infiltration of blood was present in subcutaneous tissues. (ii) Thyrid cartilage was ruptured at its prominence. (iii) Skull vertebra were found healthy, brain was found congested, ribs and pleura were healthy. Both the lungs were congested and on dissection dark fluid came out. Right side of heart was full of dark blood and left side was empty. Stomach, small and large intestine were healthy and were containing fluid and semi digested food. Pieces from these tissues were taken and sent for chemical analysis. Urinary bladder and organ of generation were healthy." It was opined that the cause of death was asphyxia due to strangulation, which was sufficient to cause death in the ordinary course of nature.;