JUDGMENT

Manisha Batra, J.

The instant application under Section 378(3) of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') has been moved by applicant with a prayer for grant of leave to file appeal against judgment of acquittal dated 24.08.2021 passed by learned Additional Sessions Judge, Jhajjar, in criminal case No.S.C-78 of 2017/2018 titled as State v. Krishan and another, whereby respondents had been acquitted of charges of offences punishable under Sections 304B/302 read with Section 34 and Section 201 of IPC.

2. Broad contours of the case as set up by the prosecution are that on 22.06.2017 on receipt of a telephonic information regarding death of the victim Suman wife of accused Krishan and her dead body being brought back from Oscar Hospital, Jhajjar to her matrimonial home, a police party headed by SI Satbir Singh rushed at the spot wherein the deadbody of the victim was found lying on a cot. FSL team had also reached at the spot. On the same day, PW-1 Amit Yadav, brother of the victim submitted a written complaint alleging therein that the victim Suman got married with accused Krishan Yadav on 05.12.2012. Ever since the very inception of their marriage, his sister was being harassed on account of demand of dowry. Accused Krishan used to extend beatings to her under the influence of liquor and she was mentally as well as physically harassed. The mother-in-law of the victim, namely, Premwati also used to harass her on account of demand of dowry and extended threats to snatch children of the victim from her. She was even harassed by her brother-in-law Kirpal. On 22.06.2017, he had received telephonic information from the accused Krishan that something had happened to Suman and on insistence, he firstly disclosed that she had become unconscious and further that she had died due to heart attack. He again changed his version and disclosed that the victim had hanged herself to death. The complainant alleged that the victim had telephonically called at his house on the same morning in a normal condition and there were no chances of her hanging herself. He raised suspicion that she had been killed by the accused Krishan, Premwati and her brother-in-law Kirpal. On his complaint, a case under Section 304-B read with Section 34 of IPC was registered. Investigation proceedings were initiated. Postmortem examination of dead body of the victim was conducted as per which, it was a case of strangulation by ligature. Offences under Sections 302 and 201 of IPC were added. The accused Krishan was arrested. He was interrogated and suffered disclosure statement admitting his involvement in the subject crime and demarcated the place of occurrence and also got recovered his mobile. The accused Premwati was arrested on 17.08.2017. She too suffered disclosure statement admitting her involvement in the murder of the victim. The brother-in-law of the victim namely, Kirpal was found to be innocent and he was not challaned and his name was kept under column No.2 of the challan report.

3. After completion of necessary investigation and usual formalities, challan under Section 173 Cr.P.C. was presented in the Court for trial of the accused. Copies of challan were supplied to the accused free of costs. The case had been committed to the Court of Sessions.

4. On finding a prima facie case for commission of offences punishable under Sectio