- (1.)The present application under Section 378(4) of the Code of Criminal Procedure has been presented for grant of leave to appeal.
(2.)Brief facts of the case are that Balbir Singh (deceased), husband of Smt. Josna-PW9 (applicant- complainant), was an employee with Umar Singh (respondent-accused). He (Umar Singh) levelled allegation against Balbir Singh (deceased) that he had stolen L 7,00,000/- in cash. On the complaint of Umar Singh, Balbir Singh was summoned to the police station. However, Umar Singh got Balbir Singh released from the police on the same day and brought him to his house. On 14.10.2009, Umar Singh was mounting pressure on Balbir Singh to confess the stealing of the cash amount and during that course Umar Singh gave a slap to Balbir Singh. On that night, they slept at about 3.00 A.M and when the applicant, Josna, woke up at 5.00 A.M., she did not find her husband in the residential area. In the day time, she came to know that police was present in the greenbelt of Sector 3, Kurukshetra, she went there and found that dead body of her husband, Balbir Singh, was hanging on the tree. On the basis of the statement suffered by applicant Josna, FIR No. 288, dated 15.10.2009, for the offence punishable under Section 306 of the Indian Penal Code was registered against respondent No. 2 Umar Singh. After completing the formalities of the investigation, charge sheet was presented before the learned Area Judicial Magistrate who finding a prima facie case, committed the case to the court of Session for trial.
(3.)Learned trial court found sufficient grounds for presuming that the respondent-accused had committed the offence punishable under Section 306, IPC, therefore, the charge thereunder was framed to which, the respondent-accused pleaded not guilty and claimed trial.