LAWS(DLH)-2009-7-448

CHAND SINGH Vs. STATE

Decided On July 27, 2009
CHAND SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE unfortunate victim of this case, namely, Rajni had succumbed to her injuries on the intervening night of 26 - 27.2.2003. She had been married to the appellant Chand Singh on 11.3.1997. One child was born out of the wed -lock. Their matrimonial house was situated in village Ghuman Hera, within the jurisdiction of Police Station Jafarpur Kalan. During their matrimony, the deceased was harassed by the appellant in connection with demand for dowry; a case under Section 308/323 of the IPC and another case under Section 498 -A/406 of the IPC was registered on the complaint of the deceased against the appellant. In 1999 the deceased had left the matrimonial home and had lived at her parents' house for about two years; thereafter disputes between the parties were settled and on the intervention of the father of the appellant Ram Singh, Rajni had returned back to her matrimonial home. The case under Section 498 -A was finally decided on 14.2.2003 in favour of the appellant on statement given by Rajni that she was living happily in her matrimonial home. In both the said cases the appellant had ultimately been acquitted.

(2.) INVESTIGATION of this case had commenced on the recording of D.D. No. 5 -A Ex.PW -6/A wherein it had been disclosed by an unknown person that the appellant Chand Singh had given beatings to his wife and has made her unconscious. This D.D. had been recorded at 4.35 AM on the morning of 27.2.2003.

(3.) THE rukka Ex.PW16/A was prepared and after endorsement on the same, it was handed over to PW -15 for the registration of the FIR. PW -10 H.C. Anita posted as Duty Officer in Police Station Jafarpur Kalan had recorded the formal FIR Ex.PW -10/A.