JUDGMENT

Jasjit Singh Bedi, J.

CRM-18042-2022

The present application has been filed by the applicant-petitioner for condonation of delay of 55 days in filing the present appeal.

For the reasons mentioned in the application, the same is allowed and the delay of 55 days in filing the present appeal is hereby condoned.

CRA-AS-89-2022

The present appeal has been filed against the judgment of acquittal dated 20.02.2019 passed by the Sessions Judge, Bhiwani, whereby the accused-respondents have been acquitted of the charges framed against them.

2. The prosecution case, as contained in the complaint Ex.P4 given by PW3-Ram Kishan (appellant) to the SHO of Police Station, Sadar Bhiwani was that he (PW3- Ram Kishan) son of Shri Hari Ram was a resident of village Dinod. He had five sons and two daughters. The marriage of his son Amarjeet (deceased) was performed on 09.02.2003 with Mamta daughter of Ram Kumar, resident of New Roshanpura, Najafgarh as per Hindu rites and ceremonies. It was a marriage without dowry. Mamta had gone to the house of her parents from his house without disclosing anything to anyone on 14.02.2011. His son was employed in the army. When he (son of the complainant) used to come on vacations, he used to go to his in laws family for bringing his wife back. However, they would not send her back. Mamta had filed a maintenance case in the Court against his son. His son was harassed and tortured a lot by his (Amarjeet's) wife Mamta, father-in-law, Ram Kumar and mother-in-law. He (Amarjeet) used to say time and again to him (complainant) that he (deceased) was being harassed and disturbed a lot and that he (deceased) would end his life and would commit suicide. On 10.01.2016, at about 03.30 p.m., in the evening he (complainant) and his son Amarjeet (deceased) were present in the house and his son Amarjeet was vomiting, at which he (complainant) asked his son as to what was the matter. His son (deceased) replied that fed up of his wife, mother-in-law and father-in-law, he was committing suicide by ingesting a poisonous substance. Thereafter, he (complainant) was bringing his son to General Hospital, Bhiwani but he died on the way. He (complainant) accordingly presented his complaint to the SHO of Police Station, Sadar Bhiwani. Legal action was sought.

3. On the basis of the complaint Ex.P4, the FIR was registered. After registration of the FIR, the investigation was carried out by ASI Satya Narayan. He inspected the place of occurrence and recorded the statements of witnesses. The suicide note and the handwriting of the deceased were taken into police possession and were sent to the FSL Madhuban for comparison. After receiving the FSL report, further investigation was carried out by SHO Udmi Ram. The accused Ram Kumar was arrested in the said FIR on 11.05.2016. On completion of the investigation in the case, the final report under Section 173 Cr.P.C. was prepared and was presented against him before the concerned Magistrate. On 12.08.2016, the accused Bimla Devi was arrested in the present case. Accused Mamta who had been granted anticipatory bail by this Court was formally arrested. On completion of investigation against the accused Bimla Devi and Mamta, a supplementary report under Section 173 (8) of Cr.P.C. was submitted against them. After compliance of Section 207 Cr.P.C. in respect of the accused Bimla Devi and Mamta, the Magistrate committed the said report to the Trial Court. Vide order dated 31.08.2016 passed by the Additional Sessions Judge, Bhiwani, the said supplementary