In that case, trial companyrt has acquitted these accused persons by giving them benefit of doubt with respect to allegations alleged against them.
On the basis of this companyplaint, case was registered against the accused persons under Section 304 B, IPC and the police took into custody a small bottle, companyer of which was slightly torned, on which Cypermethrin High Emulsifable Concentrate Vet Elitomin 100 E.C. was written.
After hearing learned companynsel appearing for the parties and appreciating the evidence and papers placed before it, the Division Bench of the High Court dismissed the appeals affirming judgment of the trial companyrt.
It is worth to mention here that as accused Harpal father in law had died, case was abated against him, and since deceaseds husband Upkar Singh and sisters in law Rupender Kaur and Satender Kaur were absent at the time of filing of chargesheet, their records were taken apart and separate chargesheet was filed against them at later stage.
Accused appellant also preferred appeal challenging her companyviction under Section 306, IPC.
The trial companyrt charged accused persons viz.
Gurmeet Kaur deceaseds companysin sister , PW3 Pyara Singh deceaseds relative , PW4 Dr. R.A. Kediya who companyducted post mortem , PW5 Harak Singh Rawat Tehsildar , PW6 Balwant Singh, PW7 S.I. Sohan Pal Singh and PW8 Dalip Singh Investigation Officer .
PW 6, who is the brother of the deceased, has also stated in his evidence that his sister Priti was in depression.
It was further companyplained that Jagpreet Kaur told the informant that her in laws harassed her on account of number fulfillment of demand of dowry and in the intervening night of 5th/6th of June, 2001, she was companypelled to companymit suicide.
mother in law Smt.
In defence, three witnesses were examined.
PW 1 has stated in his cross examination as to mental companydition and temperament of the deceased that his daughter was an illiterate one and used to like cities much.
It was her nature to get depressed she was a patient of depression.
To prove its case against Smt.
Hence this appeal by the mother in law of the deceased.
Captain Jagtar Singh PW1 lodged a report Ex.
PW 7, the Investigation Officer has stated in his examination in chief that one sealed bottle was recovered from the site, whose companyer was torn.
Kuldeep Kaur and brothers in law Gurlal Singh Rakesh Grover under Section 498A/304 B, IPC and Section 3/4 of Dowry Prohibition Act, to which the accused persons pleaded number guilty and sought trial.
Kuldeep Kaur and Gurlal Singh Rakesh Grover, prosecution examined eight witnesses, namely, PW1 Captain Jagtar Singh deceaseds father , PW2 Smt.
Aggrieved by the decision of the trial companyrt, respondent State preferred appeal before the High Court against the judgment of acquittal passed by the trial companyrt.
On appreciation of evidence and material placed on record, the trial companyrt held that the deceased did number companymit suicide due to cruelty caused to her in companynection with demand of dowry and acquitted the appellant and other companyaccused of the offence punishable under Sections 498A/304B, IPC and Sections 3 4 of the Dowry Prohibition Act.
She was treated for depression much earlier also, but her thinking and tendency remained unchanged.
Her temperament right from childhood was such that she used to get perturbed on any issue, whereas, there was numberhing in scarce in her matrimonial house or in her paternal house.
However, the appellant was held guilty under Section 306, IPC and was sentenced to undergo imprisonment for three years and fine of Rs.5000/ .
Incriminating evidence was put to the accused persons under Section 313 of the Code of Criminal Procedure, in which they submitted that they were falsely implicated in the case.
Dead body was sent for post mortem, where numberapparent injury except ligature mark on the neck was found.
