- (1.) THE appellant has filed this appeal against the judgment dated 17.07.2013 passed by learned Addl. Sessions Judge, Jalandhar, whereby accused were acquitted of the charges framed against them under Sections 302 and 120 -B IPC.
(2.) THE facts, so far necessary for the disposal of the appeal are that according to the version given by Vinod Kumar Sharma (complainant) before the Inspector/S.H.O. Lakhwinder Singh, his daughter Monika Sharma was married with Kailash Sharma, accused about 12 -13 years ago. They had three children i.e. two sons and one daughter. He further stated that Kailash Sharma (his son -in -law) and his elder daughter -in -law Rekha Rani wife of Parveen Kumar had illicit relations with each other. His son Parveen Kumar is residing in England for the last 9 -10 years. He further alleged that his son -in -law Kailash Sharma and daughter -in -law Rekha Rani considered his daughter Monika Sharma as obstacle in their illicit relationship and they were looking for a way to eliminate her. According to the complainant, on 21.02.2012 at about 8.00 a.m., his grandson Abhi had informed him that his mother is unable to speak. He immediately visited the house of his daughter along with his grandson and found that his daughter Monika Sharma was dead. He alleged that death of his daughter was caused by his son -in -law Kailash Sharma, his daughter -in -law Rekha Rani, his daughter's mother -in -law Kamlesh Sharma and sister -in -law Poonam Sharma, after entering into a criminal conspiracy. The police conducted the inquest. The postmortem was got conducted and viscera was sent to the Chemical Examiner. On 06.05.2012, the complainant made a supplementary statement that when he was in the bathroom, he had over heard Kailash Sharma talking with Rekha Rani that they have succeeded to eliminate Monika Sharma for smooth enjoyment of their relationship. On receipt of the report of the Chemical Examiner, it was found that Monika Sharma died due to consumption of cholorocompound group of insecticides. In support of its case, the prosecution examined as many as eight witnesses.
(3.) IN the statement under Section 313 Cr.P.C., accused Poonam Sharma took the plea that she is married and living in her matrimonial home in village Dandowal, Tehsil Shahkot. She is serving as a teacher in Mata Sahib Kaur Khalsa Public School, Dandowal. She claimed that her sister -in -law Monika Sharma was a patient of mental illness and was under treatment for many years. She was not present at the time of the occurrence. She further stated that on the day of occurrence, it was 'Shivratri' and Monika Sharma (deceased) had consumed cannabis (bhang/shardai). Monika Sharma also took medicine, which reacted with cannabis (bhang/shardai) and caused her death. She further stated that she had cordial relations with her sister -in -law (brother's wife) Monika Sharma. Accused Kailash Sharma also took the plea that Monika Sharma (deceased) had consumed cannabis (bhang/shardai) and had also taken some medicine. Kailash Sharma claimed that he had performed love marriage with Monika Sharma. On 20.02.2012, his wife had consumed cannabis (bhang/shardai) in her parental home. She had also made noise in her neighbourhood, from where his sons, namely, Abhi and Vansh had taken her with them and told her to take rest. At about 8.30 p.m., he went to Shri Ganga Nagar for business purpose. On 21.02.2012, he was informed by his son Abhi that his mother was not getting up. Then, the complainant was called and he found that Monika Sharma has died. Accused Kailash Sharma also denied other allegations. We have heard learned counsel for the appellant and have also examined the trial court file.;