The right to appeal for the victim under the proviso to Section 372 of the Code is prospective in nature and has been made enforceable w.e.f. 31.12.2009.

JUDGMENT

N.S.Shekhawat, J. - The present appeal has been preferred by the complainant against the judgment and order of acquittal dated 27.11.2006, passed by the learned Additional Sessions Judge (Fast Track Court), Bhiwani, whereby respondents No.1 to 4 were ordered to be acquitted of the charge under Section 306 /34 of Indian Penal Code (hereinafter referred to as 'IPC' for brevity).

2. The FIR in the instant case was got registered by the complainant, namely, Jai Lal S/o Dhanu Ram, resident of village Kolhawas by stating that he was resident of the above mentioned address and was an agriculturist. He had three sons. Ram Kumar was the eldest son, whereas, Dalip Singh and Krishan Chand were younger to him. All three sons were living separately. A legal notice was received by his son Dalip Singh in October, 2002 by dak, which was sent by Mir Singh S/o Maha Singh, resident of Patharwa, District Mahendergarh, through his counsel Fateh Singh Sangwan, Advocate, Civil Court, Dadri for recovery of a sum of Rs.2,60,000/-. The said notice was duly replied by Dalip Singh through his counsel Sh. Nathu Ram Dahiya, Advocate on 14.10.2002. Thereafter, a complaint was filed on 05.11.2002 in this regard to the Station House Officer, City Dadri and a request was made to register a criminal case against Mir Singh S/o Maha Singh, Mahender Singh, Advocate, Satender Singh S/o Sheo Nath Singh, Rajender Singh S/o Ram Saran Singh and Fateh Singh Sangwan, Advocate under Sections 420, 468, 467, 469,471, 384, 120-B and 34 of IPC. Due to this fact, Dalip Singh son of the complainant used to remain in a sad mood and used to roam here and there. On the last day i.e. on 17.11.2022, his son had taken his dinner and slept with his children and the complainant also slept in the drawing room. The complainant was informed by Ajay S/o Dalip Singh in the morning that Dalip Singh was missing from home since last night. He sent Ajay to search for Dalip Singh in the village and the complainant also searched for him. The complainant reached near a pond in the village, where several persons were present and were talking about a thick cloth sheet and a pair of slippers near a well. He identified those articles as belonging to his son. Ultimately, the dead body of his son Dalip Singh was taken out from the well and he left the villagers near the dead body of his son and went to the police station to report the matter to the police. On the basis of the said complaint, Ex.PC, the FIR under Sections 306, 34 and 109 of IPC was registered against the respondents/accused.

3. After completion of the investigation, the final report under Section 173 Cr.P.C. was submitted against the accused in the Court of learned Area Magistrate and since the case was triable by the Court of sessions, the same was ordered to be committed by the learned Area Magistrate. The accused were charge-sheeted under Sections 306 and 34 IPC.

4. Vide the impugned judgment, the learned Additional Sessions Judge (Fast Tract Court), Bhiwani held that the prosecution had miserably failed to prove its case beyond the shadow of reasonable doubt against the accused and all the accused were ordered to be acquitted by the trial Court. Learned trial Court held that the amount of Rs.2,60,000/- was being claimed from the deceased allegedly by the accused by fabricating certain documents and he had received a notice for making the payment thereof. It was also alleged that the deceased had suffered depression as he was called upon to make the payment by way of a legal notice and he shared his woes with his family members and also with his counsel at the time of drafting the reply to the legal notice. It was held that the deceased had already taken recourse to the legal procedure against the accused regarding the demand of payment made from him and had also made a police complaint against the accused. The legal notice was received by the deceased in the first week of October 2002, but he committed suicide on the night inter