IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice Hemant Gupta
The Hon’ble Mrs. Justice Raj Rahul Garg
CRA-D No.1321-DB of 2014
Nijesh
v.
State of Haryana & Ors.
{Decided on 19/12/2015}
(A) Indian Penal Code, 1860, S.306--Abetment to Suicide--Suicide Note--Handwriting Expert Opinion--Once a person, who on account of proximity, has reason to see writing and signing, otherwise by deceased, is a competent witness to depose that the suicide note is in hand of deceased--The hand-writing expert only gives opinion on the basis of comparison in hand-writing--But if a person deposes that he had seen the person signing and writing, it is primary evidence, which is more relevant than the opinion of the hand-writing expert--Evidence Act, 1872. (Para 13)
(B) Indian Penal Code, 1860, S.306--Abetment to Suicide--Deceased committed suicide after 32 days of last access with accused--Not a ground for acquittal--The instigation depends upon bundle of facts--In present case, the act of enticing, kidnapping and assault on her person, had created such a mental trauma which prompted her to take her life and write a detailed suicide note--Conviction upheld. (Para 21)
Mr. Hemant Gupta, J.: - This order shall dispose of CRA No.1321-DB of 2014 preferred by the complainant namely Nijesh for modification of the judgment of conviction dated 28.02.2014 and for enhancement of sentence dated 06.03.2014 rendered by the learned Additional Sessions Judge, Bhiwani, whereby respondent Nos.2 to 4 namely Riyaj, Asha Rani and Arun have been convicted and sentenced to undergo rigorous imprisonment for a period of ten years for an offence punishable under Section 306/34 IPC to the extent that respondent Nos.2 to 4 be convicted for an offence punishable under Section 305 IPC and awarded maximum sentence.
2. This order shall also dispose of CRA-S No.1213-SB of 2014, CRA-S No.1695-SB of 2014 & CRA-S No.2468-SB of 2014 preferred by Asha Rani, Arun & Riyaj respectively aggrieved against the said judgment of conviction and order of sentence.
3. The prosecution case was set in motion on the basis of complaint made by Nijesh, brother of the deceased made to the ASI Karanvir Singh, P.S. Sadar, Bhiwani on 14.12.2011 at about 10.00 AM. In the complaint (Ex.P4), Nijesh stated that her younger sister Neetu, aged about 17 years, was studying in Women Polytechnic College, Faridabad. On 08.11.2011, they came to know that Neetu was not in the hostel. Thereafter, he alongwith his maternal uncle Ram Niwas went to Faridabad and tried to locate the whereabouts of Neetu. They came to know that Neetu was enticed away by Riyaj son of Mohd. Yasin, resident of Sector 6, Faridabad. They tried to locate Neetu, but she could not be located. A missing report in this regard was also lodged on 11.11.2011 by his maternal uncle Ram Niwas in Police Post, Sector – 8, Faridabad. On the same day i.e. 11.11.2011 at about 7.00/8.00 PM, they received telephonic call from Neetu that she was standing at bus-stand Bahadurgarh. Upon this, they brought Neetu at Gurgaon. Neetu had disclosed them that Asha, Warden of the Women Polytechnic College, Faridabad had sent her with Riyaj on 06.11.2011. Neetu further disclosed that though she was not interested in going for outing, but Asha, Warden had taken her alongwith others to her own house and kept there for two days. On 08.11.2011, Asha made Neetu to sit in the vehicle of Riyaj and told that she would be coming soon, but she did not come. Thereafter, Riyaj had taken her forcibly to Delhi, Gurgaon and Bhiwani. Nijesh further stated that on the next day, Neetu was taken to Faridabad, where Police recorded her statement. Her statement was also recorded in the Court. Neetu also refused to go to her college. He also stated that Neetu informed them that Asha, Riyaj and Arun had spoiled her life and that she did not want to live. He stated that they tried to make her understand, but she refused to go to her college. They brought her at home at Village Haluwas where she used to remain perturbed. He stated that today i.e. 14.12.2011, he came to know that at about 5.00 ÁM, her sister Neetu committed suicide by hanging herself because of wrong done by Asha, Riyaj and Arun. On the basis of such complaint, ruqa (Ex.P5) was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex.P9) was registered for an offence under Section 306/34 IPC.
4. Thereafter, ASI Karanvir Singh reached at the place of occurrence. He also called Crime Scene Team and photographer. During inspection, Har Pal and Rajbir handed over him one cotton rope and one suicide note of deceased Neetu, which were taken into possession vide memo Ex.P2. Apart from preparing rough site plan Ex.P6, he recorded the statements of the witnesses under Section 161 Cr.P.C. After completing inquest proceedings Ex.P9, he sent the dead body of Neetu to General Hospital, Bhiwani for post-mortem examination vide application Ex.P10. The postmortem examination on the dead body of Neetu was conducted by Dr. Arjun Chander Yadav, Senior Medical Officer, General Hospital, Bhiwani and Dr. Sandeep Kumar.
5. It may be noticed that pursuant to the m
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