- (1.) Nobody appears for the appellant. I have heard learned counsel for the respondent-State and have also perused the impugned judgment and order as also the grounds of the appeal submitted by the appellant.
(2.) Appellant, alongwith others, was tried under Section 306/34 of the Indian Penal Code, 1860 (for short-'IPC'). The fact situation as noticed by the learned trial Court is as under:- "On August 13, 2001, a memorandum was received from Station Superintendent of Railway Station Bishanpura in Government Railway Police Station at Jind wherein it was reported that Jagdish Gateman has noticed a dead body of a female near the track and necessary enquiry was necessitated. Upon this, Daya Nand, SHO went to the place where the dead body of Smt.Kaushalya was lying and in the presence of many persons from the locality, inquest under Section 174 Cr.P.C. was completed. During such enquiry, the dead body was identified to be of Smt.Kaushalya wife of Ram Lal resident of Subhash Nagar, Jind. The dead body was then sent to the civil hospital for post-mortem examination and in the opinion of doctor, the cause of death of Smt.Kaushalya was on account of haemorrhage, shock and injuries to the vital organs including the parietal region. Thereafter the statement of Harbans Lal of village Kharanti (Ex.P15) was recorded on 16.08.2001, who has met Daya Nand, S.H.O. at 5.00 p.m. alongwith panchayat of his village wherein he has alleged that his daughter Smt.Kaushalya alias Kailasho was treated with cruelty by her husband and other accused because they wanted that an amount of Rs.20,000/- deposited in her account in the bank, should be paid to them. He also disclosed that previously Smt.Kailasho was married with one Jai Kishan of village Khunga District Ropar some twelve years back but her previous husband had died during an accident which occurred when he was working to dig out a well. On account of his death, a sum of Rs,92,000/- was paid to her in pursuant to the provisions of Workmen Compensation Act. Out of this amount, he further reported, that she has deposited a sum of Rs.24,000/- each, totalling Rs.72,000/- in favour of her minor daughters and further got deposited a sum of Rs.20,000/- in the bank in her favour but after remarriage with Ram Lal accused, she was persistently harassed for withdrawal of the amount from the bank. It was also alleged that Ram Lal accused was an addict and in order to meet his expenses, he had been giving beating to the deceased. So much so, on one occasion Smt.Kaushalya deceased has narrated the incident of beating to the complainant and her brother-in-law Sri Chand. Alleging that Smt. Kaushalya has committed suicide on account of the treatment of cruelty committed upon her by her husband Ram Lal, brother-in-law (Devar) Jai Singh alias Billu, mother-in-law Smt. Shanti Devi, Pala and Lakhmi, it was stated that she has committed suicide because of the beatings given to her."
(3.) The matter was investigated into. On completion of investigation, a report in terms of sub section (2) and Section 173 of the Code of Criminal Procedure, 1973 (for short-'Cr.P.C.') was filed before the learned jurisdictional Magistrate who, after complying with the provisions of Section 207, Cr.P.C., committed the case to the Court of Session at Jind, as offence of Section 306, IPC, is triable exclusively by the Court of Session. The matter was ultimately assigned to learned Additional Sessions Judge, Jind (hereinafter referred to as the 'trial court') for disposal.;