Lack of evidence to prove cruelty and harassment by the husband and his family members, lack of provocation for suicide, lack of evidence of abetment

JUDGMENT

Harnaresh Singh Gill, J. - This application is filed by complainant-Puneet under Section 378(3) Cr.P.C. for grant of leave to appeal against the judgment dated 27.03.2017 passed by the learned Additional Sessions Judge-cum-Judge, Special Court, Chandigarh, vide which in case FIR No. 313 dated 17.06.2015 under Sections 304-B, 306, 120-B IPC registered at Police Station, Manimajra (Ex.P.17), Chandigarh, the respondents, namely, Anoop Kataria (father-in-law), Mahender Kaur (mother-in-law), Chanchal Kataria (brother-in-law) and Kavita Kataria (sister-in-law) were acquitted of the charges framed against them under Sections 120-B, 304IPC read with Section 120-B IPC and in alternate under Section 306 IPC read with Section 120-B IPC.

2. As per complainant-Puneet (PW1) (brother of deceased sister 'N'), marriage of his sister "N' was performed with Balwinder Kataria on 29.4.2015. She was being given beatings right after a few days of her marriage. Her husband-Balwinder asked to bring 3 lacs, as he had to go to Italy and mother-in-law and father-in-law used to taunt that they had offers for the marriage of their son from well to do families, but by marrying her, their lives had been ruined. Even Chanchal - respondent No.4 demanded a car and Kavita, respondent No.5 asked for a gold set. Regarding this "N' told them many a time and when the complainant (PW.1) went to visit her, she used to weep, but 'N' was told to settle in her matrimonial home. Accordingly FIR (Ex. P. 17) was registered under Section 304-B, 120-B IPC, 304-B IPC.

3. After investigation, charges were framed against the accused-respondents under Sections 120-B IPC, 304-B IPC read with Section 120-B IPC and in alternate under Section 306 read with Section 120-B IPC to which they pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution had examined as many as 10 witnesses.

5. PW-1 Puneet Kumar (brother of the deceased) stepped into the witness box and brought on record that the marriage of 'N' was solemnized with Balwinder Kataria on 29.4.2015 and after marriage, Balwinder Kataria along with respondents No. 2 to 5 had started harassing his sister 'N' for bringing insufficient dowry. They also asked her to bring big vehicle and gold set and occasionally said that their son was offered better matrimonial alliance but 'N' had ruined their lives and she was given beatings by respondents No. 4 and 5. It was further stated that at the time of marriage, 'N' was 26/27 years of age and before committing suicide on 17.6.2015, she wrote her suicide notes Ex. P3 and Ex. P4. During cross-examination, complainant (PW-1) admitted that his sister got married to one Rajesh son of Mahipal but denied if it was a runaway marriage and in the year 2014, the marriage with Rajesh was dissolved by way of divorce. He further denied that ultrasound was conducted when she was not well and was 08 weeks' pregnant when she got married to Balwinder Kataria i.e. on 29.4.2015.

6. On similar footings, PW-2 Baby (mother of the deceased) stated regarding marriage of her daughter with Balwinder Kataria. She stated that her daughter had been ill-treated by the respondents right from the day of marriage but to this effect, no complaint/application had been given to local police despite the fact that she had narrated all when her daughter had come to her parental house on 5.6.2015 and went back on 14.6.2015. In cross-examination, this witness denied the marriage of 'N' with Rajesh, but admitted that a civil suit was filed by the deceased for declaring the marriage with Rajesh as null and void but Baby (mother) denied that during the period of marriage with Rajesh, 'N' became pregnant twice and both the time, the pregnancy was terminated.

7. This witness also admitted that she had taken her daughter 'N' (deceased) to Civil Hospital for getting her medically examined and later to Mirchias Diagnostic and Path Lab and ultrasound was conducted at the instance of respondent No. 3-Mahender Kau