IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on 18^th of October, 2022

Pronounced on 29^th of October, 2022

CRR No.4147 of 2015

Kitab Singh

....Petitioner

Versus

Sukhbir and others ....Respondents

CRM-A No.768-MA of 2016

Kitab Singh

....Applicant

Versus

Smt. Neelam and others ....Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present :

Mr. Arihant Jain, Advocate

for the petitioner/applicant.

PANKAJ JAIN, J. (ORAL)

By way of present order I intend to dispose off criminal

revision against the order of discharge and an application seeking

leave to appeal against the judgment of acquittal filed at the behest of

complainant.

2.

Trial Court discharged accused(s) namely Sukhbir, Smt.

Pali and Suresh vide order dated 28^th of July, 2015. Against the said

order complainant has preferred CRR No.4147 of 2015. The accused-

Neelam who faced trial was ordered to be acquitted vide impugned

DEEPAK KUMAR

2022.11.11 15:29

I attest to the accuracy of

this document

CRR No.4147 of 2015 and

2

CRM-A No.768-MA of 2016

order dated 29^th of February, 2016. Against the said judgment of

acquittal, application seeking leave to appeal i.e. CRM-A No.768-MA

of 2016 has been filed.

CRM-A No.768-MA of 2016

3.

As per the facts discernible from the records accused

Neelam got married to deceased Sunil Kumar on 10^th of November,

2002. Couple were blessed with a daughter and a son. Sunil Kumar

committed suicide on 30^th of November, 2005. As per Kitab Singh

complainant, Neelam left matrimonial house after the last rites and

rituals of Sunil Kumar. He claims that while searching papers on 24^th

of December, 2005, he found suicide note in the handwriting of his

deceased son Sunil Kumar, wherein he had accused Neelam of

abetting suicide. Complainant filed criminal complaint on 31^st of

January, 2006 against Neelam and others for offences punishable under

Section 306, 506, 120-B, 34 IPC. Accused-Neelam was summoned

vide order dated 19^th of December, 2009. Summoning order was

affirmed as the lis travelled up to Apex Court.

4.

While framing Charges, Trial Court framed charge against

Neelam only and other co-accused(s) namely Sukhbir, Smt. Pali and

Suresh were ordered to be discharged. Ld. Counsel for the applicant/

DEEPAK KUMAR

2022.11.11 15:29

I attest to the accuracy of

this document

CRR No.4147 of 2015 and

3

CRM-A No.768-MA of 2016

complainant submits that it is a case of suicide note. He claims that as

per the suicide note it is clear that the deceased gave away his life due

to harassment at the hands of accused Neelam who was acting in

connivance with the other co-accused(s). He, thus, asserts that it is a

case wherein offence under Section 306 IPC is clearly made out

against the accused(s)/respondents. It is asserted by the counsel that

suicide note was fully proved before the Trial Court. However, Trial

Court erred in holding that there is no prosecution evidence on record

to prove direct or indirect acts of incitement/ instigation or aiding at

the behest of accused-Neelam which can be contemplated as an

abetment to deceased Sunil to commit suicide.

5.

I have heard Ld. Counsel for the applicant/complainant and

with his able assistance I have gone through records of the case.

6.

The issue at the heart of the controversy is whether suicide

note alleged to have been left by the deceased Sunil, can be held to be

a proof of abetment at the hands of accused Neelam to hold her guilty

of abetment to suicide as adumbrated under Section 306 IPC.

7.

Suicide note left by Sunil reads as under :

“Poojniya Mata ji wa Pita ji, men janta hun kee mare ish

kadam se aap par kya gujregi, prantu ishke siwaye mera pass or

koi rasta najar nahi atta. Men ish kadar tut chuka hun kee mera

andar jeene kee lalsa nahi bachi. Mujhe apne jeewan men

DEEPAK KUMAR

2022.11.11 15:29

I attest to the accuracy of

this document