- (1.) Crm-9066 of 2016 This criminal miscellaneous application has been filed by above-said applicant/appellant Vikas Kumar (complainant) for the grant of leave to appeal against impugned judgment dated 14.9.2015 passed by the learned Additional Sessions Judge, Patiala in criminal case bearing FIR No.318 dated 26.10.2013, u/Ss 304-B, 406 and 498-A of the Indian Penal Code ('IPC' for short), Police Station Kotwali, Patiala vide which accused (respondent Nos.2 to 4 herein) were acquitted of the charges u/Ss 304-B, 406 and 498-A of the IPC.
(2.) The case of prosecution as presented before the learned trial Court in nut-shell was that on 26.10.2013, a wireless message was received at Police Station Kotwali, Patiala from Rajendra Hospital, Patiala that one Kanchan Rani wife of Vikramjit Singh, resident of House No.5547/1, Katra Sahib Singh, Triveni Chowk, Patiala has been brought dead in the hospital. Upon this, ASI Balkar Singh along with HC Lakhwinder Singh and other police officials reached in the said hospital where complainant Vikas Kumar son of late Jetha Nand, resident of village Badalgarh, Ratia (at present resident of Marh Colony, Fatehabad (Haryana) was found present. His statement Ex.PE was recorded which was to the following effect: "That he is an agriculturist by profession. They are two brother and sister. His sister Kanchan Rani younger to him was married with accused Vikramjit Singh (respondent No.2 herein) on 18.3.2012. Out of this wedlock, she is blessed with a son namely Darvesh, now aged about 10 months. Her husband is doing agriculture work. Vikramjit Singh husband, Ramesh Kaur mother-in-law, Gagandeep Singh brother-in-law (devar) and her sister-in-law (ninaan) namely Meera used to maltreat and harass his sister in routine for one reason or the other. His sister often told them about the act and conduct of her in-laws towards her but they used to persuade her by one way or the other. In June, 2013 the husband of his sister demanded from her a sum of Rs.10 lacs. On this, he gave a sum of Rs.2.5 lacs to the mother-in-law of his sister in the presence of his sister and her husband Vikramjit Singh. Yesterday on 25.10.2013 at about 1:30 p.m., his sister made a call on the mobile of his mother bearing No.93548-33322 which did not come to their notice. Then his wife Priya on coming to know about this 'missed call' contacted his sister on phone who disclosed 'that her mother-in-law, husband and sister-in-law are raising demand of Rs.7.5 lacs from her. They are also saying that in case this amount is not paid, then they will kill her.' Then thereafter at about 8:00 p.m., the husband of his sister informed them on phone that health of Kanchan Rani has deteriorated, come soon. Then he along with his friends Gurdeep Singh and Jarnail Singh proceeded towards Patiala on a vehicle. On the way, said Vikramjit Singh informed them on phone that they have taken Kanchan Rani for her treatment to Rajendra Hospital, Patiala and as such they should come there. On reaching the said hospital, they came to know that Kanchan Rani had expired and her dead body is lying in the dead house. He is of the firm belief that death of his sister has been caused by her mother-in-law - Ramesh Kaur, her sisterin-law - Meera and her husband - Vikramjit Singh. Request was made to proceed against the culprits as per law."
(3.) The above-said statement was signed by the complainant, upon which ASI Balkar Singh made his endorsement and sent ruqqa to the police station for registration of the case against the above-said culprits u/S 304-B read with Section 34 of the IPC. Inquest report with regard to the dead body was prepared. Then post-mortem examination on the dead body of deceased was got conducted. The snaps of the dead body were also taken. After the post-mortem, the doctor handed over the parcel containing clothes of the deceased to the police. Thereafter, ASI Balkar Singh along with other police officials including Inspector/SHO reached at the spot and prepared the rough site-plan of the scene of crime by inspecting the same. Photographs of the scene of crime were also taken. Two pieces of chunni, one kard (small knife) and one mobile phone were recovered from the spot which were taken into police possession. The matter was investigated from the vicinity. Accused Vikramjit Singh, Ramesh Kaur and Navdeep Kaur alias Meera were apprehended in this case. On 06.11.2013, on the basis of supplementary statement of complainant - Vikas Kumar, the offence u/Ss 406 and 498-A of the IPC were added in this case. The dowry articles were taken into police possession on 10.11.2013. Statements of witnesses were recorded. On completion of investigation, challan against the accused was presented in the Court of learned Illaqa Magistrate who after making compliance of the provisions of Section 207, Cr.P.C., committed this case to the Court of learned Sessions Judge, Patiala for its trial.;