Kanwaljit Singh Ahluwalia, J. - (1.) DARSHANA , wife of the present appellant, Kiran Pal Singh, died an unnatural death in Village Dagar, Police Station Chirawa. Dead body of Darshana was recovered from a well.
(2.) WHETHER on the fateful day after causing injuries her body was thrown into the well or she herself had jumped into the well is a core issue raised before us in the instant appeal. It is an admitted fact that initially the appellant was charged for offence under Section 306 IPC for having inflicted cruelty, maltreated and harassed his wife, Darshana, leading to abetment to offence of suicide. This was the conclusion arrived at by the investigating agency and consequently, vide order dated 7.1.2002 the trial court discharged the parents of the present appellant, Kiran Pal Singh, who were sent for trial but formulated charge under Section 306 IPC alone against the present appellant.
(3.) THE trial court vide a detailed order dated 20.5.2004 came to the conclusion that alternative charge for offence under Section 302 IPC is to be formulated against the appellant and consequently, the appellant was separately charged on 22.7.2004 for offence under Section 498A and 302 IPC.;