JUDGMENT

L. NAGESWARA RAO, J.

Leave granted.

1. On receipt of information on 27.10.2015 about a suicide, PW-23 Sub-Inspector Bijender Dahia attached to Police Station Aman Vihar rushed to Nithari village, Delhi. By the time he reached, the body of the deceased i.e. Moniya had already been brought down from hanging position. Ashwani (PW-12), the brother of the deceased was found sitting besides the body of the deceased. The elder brother of the Appellant was also present. A suicide note was seized. PW-23 sent the body of the deceased for postmortem. The statement of Ashwani was recorded by PW-23. Inquest was conducted by the Executive Magistrate on the next day. According to the post-mortem, the cause of death of Moniya was due to asphyxia as a result of ante mortem handing.

2. FIR was registered on the statement of Sunita (PW-11), the mother of the deceased on 04.11.2015. A charge sheet was filed on 05.02.2016. Later, charges were framed against the Appellant under Section 498A/304B of the Indian Penal Code, 1860 (hereinafter ‘IPC’). 23 witnesses were examined by the prosecution and several documents relied upon to prove the guilt of the Appellant. The Trial Court convicted the App