BINDU Vs. STATE & ANR

JUDGEMENT

(1.) The present leave petition has been filed by the petitioner under Section 378(4) of the Cr.P.C. seeking leave to appeal against the judgment dated 28.10.2017 delivered by the learned Additional Sessions Judge-03, South District, Saket Court, New Delhi in Sessions Case No.7486/2016 titled as State vs. Sagar Yadav, arising out of FIR No.21/2009 registered under Section 302 IPC, Police Station Sarojini Nagar, New Delhi.

(2.) Brief facts of the prosecution case are that the FIR of the instant case was registered on the directions of the learned Magistrate vide order dated 09.01.2009 in an application filed under Section 156(3) Cr.P.C. by Smt.Bindu, mother of the deceased. The allegations leveled in the FIR are that the Smt.Leela, daughter of the complainant was having friendly relations with accused Sagar Yadav. On 20.11.2008, accused came to the house of the deceased and gave poison to her. The deceased was taken to Safdarjung Hospital and she was admitted there by the accused by introducing himself as husband of the deceased. When complainant went to the hospital and met her daughter, she was told by her daughter that accused had given hear poison and she wanted to get her statement recorded. The complainant was turned out of the hospital by the accused. Thereafter, the complainant could not meet her daughter. On 24.11.2008, daughter of the complainant expired.

(3.) The police filed the cancellation report before the Court. The learned Magistrate took cognizance of the offence and committed the case to the Court of Session. A charge under Section 302 IPC was framed against the accused to which he pleaded not guilty. To prove its case, the prosecution examined 8 witnesses, namely, Smt. Bindu (PW1), Dilip Kumar Pandey (PW2), Dr.Manish Kumath (PW3), Vijay Kumar (PW4), Insp.Anil Sharma (PW5), Insp. Sunil Kumar (PW6), SI Mohd. Yusuf (PW7) and Dr.Lalit Mohan (PW8). After conclusion of prosecution evidence, statement of the accused under Section 313 Cr.P.C. was recorded in which he took the plea that he and deceased used to do the business of rehri patri. On the day of the incident, they both had to attend a programme of vendor Divas at Jantar Mantar and he was called by the deceased at her house. When accused went to the house of the deceased, he saw the deceased quarreling with her mother, as the deceased did not want to sell her plot at Narela. On seeing the accused, mother of the deceased went out. Deceased offered the accused a glass of water and thereafter the deceased started feeling dizzy and asked the accused to take her to hospital.