TMI Blog2000 (3) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... ase in nutshell is that the deceased was subjected to cruel treatment and harassed by the accused-respondents and she committed suicide on the fateful day on 3.8.1985 at 1 O' clock. The deceased was examined by the Doctor (PW-2) who found burn injuries to the extent of 90% as well as smell of kerosene oil from her body and after her death the post mortem was conducted by PW-1. 2. On completion of investigation, charge sheet having been filed under Sections 306 and 498A I.P.C. and the matter being committed, the accused persons stood their trial. The learned trial judge, on appreciation of the evidence on record, came to the conclusion that the prosecution has failed to establish the necessary ingredients of Section 306 I.P.C. to hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruptly came to the conclusion without any detailed examination of the same that they are inimically disposed of and being related to the deceased and, therefore, their evidence does not stand the strictest scrutiny which is required to be made by a court of law before accepting the testimony in question. Ultimately, the High Court acquitted the accused persons of the charge under Section 498A, I.P.C. also. 4. The learned Counsel for the appellant seriously contended in this Court that the appreciation of evidence by the High Court is wholly perfunctory and, therefore, the order of acquittal cannot be sustained. So far as the order of acquittal under Section 306 I.P.C. is concerned, we do not find any force in the aforesaid contention. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed aside their evidence on the ground that they are closely related and the evidence of PW-10 indicates that his wife - Gurvinder Kaur and mother-in-law Daljit Kaur has no joint account in the bank at Ambala from which account, it is alleged, that the money of ₹ 10,000 and ₹ 5,000 has been drawn. The discussion of the evidence of the aforesaid two witnesses by the High Court is rather scrappy, but when we asked the learned Counsel appearing for the State to place the evidence of those witnesses, he expressed his inability on the ground that he has not been able to procure a copy of the evidence of those two witnesses. 6. The appeal is of the year 1992 and more than seven years have elapsed in the meantime. It indicates the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
