- (1.) Accused in Sessions Case No. 02 of 26.05.2001/12.05.2005, having been acquitted of the offences punishable under Sections 306, 500 and 420 of the Indian Penal Code, 1860 (IPC, for short), by learned Additional Sessions Judge, Hisar (trial Court, for short), vide judgment dated 06-03-2006, complainant, Ram Partap, to seek upsetting of their acquittal and to pray conviction of the accused (respondents No. 01 to 04), has invoked revisional jurisdiction of this Court by way of this petition under Sections 397 and 401 of the Criminal Procedure Code, 1973 (Cr.P.C., for short). Respondents No. 01 to 04 are in arms against the petitioner while the State has been arraigned as a pro-forma respondent.
(2.) Factual Matrix: Banwari Lal, aged 70 years and his three sons, namely, Rajesh Kumar, Sanjay Kumar, and Suresh Kumar, were arraigned as accused in First Information Report (FIR, for short) No. 192 dated 05.04.2000, under Sections 306,354,500, and 420, IPC, recorded at Police Station, City, Hisar, on the statement of Ram Partap of village Guga Medi (Rajasthan) on the allegations that his daughter Suman (here-in-after referred to as the deceased) was engaged to accused Rajesh Kumar on 02.11.1999 but the accused broke the engagement on the pretext that the lass shown to the accused was not the deceased but some other girl. In a Panchayat, convened on 20.11.1999, the dispute, however, was settled and the complainant was compensated by payment of an amount of money equivalent to the expenditure incurred by him on the engagement ceremony. However, on 03.04.2000, when the complainant was away to his work and his wife Bimla had gone to Bhadra to fetch some medicines, the deceased left home to see her friend at Bhadra. In the evening, complainant received a telephonic message from his nephew Prem Kumar that the deceased had died after consuming some poisonous substance at Aggarwal Colony, Hisar. After enquiring the facts from his near and dear ones, complainant was satisfied that the deceased had consumed the noxious matter at her own due to disturbed mental state, no one was responsible for her death, he did not intend to proceed against any one and letter written by the deceased did not have truth. However, on 05-04-2000, on an application made by Assistant Sub Inspector (ASI) Satpal, Deputy District Attorney, Hisar, on the basis of the letter recovered from the person of the deceased, opined that an offence punishable under Section 306, IPC, was made out against the accused. Accordingly, a First Information Report (FIR) came to be registered under sections 354,500,306 and 420, IPC.
(3.) Investigation: Investigating Officer, then, recorded statements of witnesses, including those of Ram Partap, father, and Narender, brother, of the deceased. Ram Partap, in his subsequent statement dated 19.04.2000 stated that he had given statement on 04.04.2000 (exculpating the accused) because he was not in his senses at that time. Investigating Officer also collected one more letter written by the deceased and took it in police possession. He also collected two other letters and one envelop from Ram Kumar, Advocate and got compared handwriting on the letter written by the deceased with the writing on aforesaid letters received from Ram Kumar, Advocate and also with application form and photo copy of admission form submitted by the deceased to M.D. Saraswati University, Ajmer and obtained report of handwriting Expert from Forensic Science Laboratory, Madhuban, whereby it was opined that the letters Exhibit P1 and Exhibit P2 were written by the deceased.;