CIVIL APPEAL 2232 of 2002 on 19 November 2001

IN THE HIGH COURT FOR THE STATES OF PUNJAB &HARYANA AT CHANDIGARH...

Criminal Revision No.2232 of 2002 (O&M)

Decided on : September 16, 2010

Vijay Kumar Uppal

... Petitioner

VERSUS

Varinderpal Singh and others

... Respondents

CORAM :

HON'BLE MR.JUSTICE A.N.JINDAL

Present:Mr.APS Mann, Advocate for the petitioner.

None for respondent – accused.

Mr.Kirat Singh Sidhu, Deputy Advocate General, Punjab -A.N.JINDAL, J.

Though, the State has not filed any appeal, yet complainantVijay Kumar Uppal has preferred the revision petition against the orderdated 19.11.2001 passed by Additional Sessions Judge, Hoshiarpuracquitting accused – respondents No.1 to 3 of the offence under Section 306read with Section 34 of the Indian Penal Code 1860.

The deceased Arvind Kumar was allegedly having love affairswith Miss Nidhi – accused, for which he was allegedly given mercilessbeatings by the other accused, therefore, he committed suicide.

The case is based on dying declaration, which does not findany corroboration from any side. In the dying declaration, the deceased stated that Gora @ Varinderpal Singh and Ricky @ Khushwant Rai (bothaccused) had insulted him and given beatings mercilessly. The evidencefurther reveals that after he was given beatings, he came to Chandigarh andswallowed insecticides, which he had purchased from Jalandhar. A lot oftime had elapsed between the alleged beatings and the consuming of theinsecticides. The statements of the witnesses and the dying declaration,even if taken at their face value, do not attract the provisions of Section 306IPC.

Hence, no ground to interfere.

Petition dismissed.

September 16, 2010`gian'

( A.N.JINDAL ) JUDGE