LAWS(SC)-2008-4-59

SOHAN RAJ SHARMA Vs. STATE OF HARYANA

Decided On April 07, 2008
SOHAN RAJ SHARMA Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court upholding appellant's conviction for offence punishable under Section 306 of the Indian Penal Code, 1860 (in short 'IPC') and sentence of 7 years RI.

(2.) Background facts in a nutshell are as follows:

(3.) Prosecution examined 11 witnesses and exhibited several documents. Most vital one is purported suicide note Ex.PX. Appellant took the stand during examination under Section 313 of the Code of Criminal Procedure, 1973 (in for 'Code') that she was never married to the deceased officially. It also alleged that she was a lesbian and in proof of this stand, one Anita Parmar was examined as DW1. The Trial Court found the contents of Ex.PX satisfied ingredients of Section 306 IPC. Accordingly, the appellant was found guilty and convicted and sentenced as aforesaid.