STATE Vs. INDERJEET SINGH

JUDGEMENT

(1.) Aggrieved by the judgment dated 3 rd April, 2018 whereby the learned District & Sessions Judge acquitted the respondent for the offence punishable under Section 328 IPC, the State has preferred the present leave petition.

(2.) Sequence of events leading to the prosecution case are that a call was received from Ct. Satish Kumar from SGM Hospital on 11th May, 2006 at about 2:20 P.M. about one lady being admitted in the hospital by one Lata. Aforesaid information was recorded vide DD No. 48B (Ex.PW-4/A) and assigned to SI Giriraj (PW-6). He along with Ct. Rajender Singh (PW-1) went to SGM Hospital where Rajni Kaur @ Nikki was found to be admitted. Her MLC was obtained and she was unfit for statement. On 13th May, 2006, SI Giriraj (PW-6) along with Ct. Rajender Singh (PW-1) again went to the Hospital and recorded the statement of Rajni Kaur @ Nikki wherein she stated that she got married to Inderjeet (respondent herein) on 5th February, 2003 as per Hindu rites and ceremonies and from the said wedlock, they have a child. Since Inderjeet used to beat and torture her mentally and physically, she remained with him only for 3 months after the marriage and thereafter she came to her parental house. On 10th March, 2006, Inderjeet took her to the matrimonial house and on 24th March, 2006, he dropped her back at her parental house. She had also filed a maintenance case against Inderjeet. On 11th May, 2006, at about 11:30 A.M., when she was alone in the house, Inderjeet came to her parental house and asked her to bring campa cola. After pouring campa cola in the glass, he forced her to drink. She stated that since campa cola had turned white, she refused to drink, however, Inderjeet forcefully made her drink campa cola and thereafter he went away from there after washing and cleaning her mouth and glass. After 30 minutes, she started feeling sick and started vomiting. She told her neighbour Soorajpal about it who took her to Sanjay Gandhi Memorial Hospital and got her admitted. She also stated that she had started becoming unconscious.

(3.) On the basis of aforesaid statement (Ex.PW-3/A), FIR No. 735/2006 (Ex.PW-2/A) was registered at PS Sultan Puri for the offence punishable under Section 328 IPC.