JAI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 24.10.2001 and the order dated 29.10.2001, passed by the Court of Additional Sessions Judge, Panipat, whereby he has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/- under Section 302 IPC, for committing the murder of his wife, and to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- under Section 201 IPC, for causing disappearance of evidence of murder.

(2.) In this case, the appellant and one Vijay Pal were tried for committing offences under Sections 302 and 201 IPC. However, after recording the evidence of the prosecution, since no incriminating evidence was appearing against Vijay Pal, therefore, the recording of his statement under Section 313 Cr.P.C., was dispensed with and vide the impugned judgment, he has been acquitted of the charges.

(3.) As per the prosecution version, which is based upon the statement of PW.1 Kishna, father of deceased Sheela, the deceased was married with appellant Jai Pal about 9/10 years prior to the day of occurrence. There used to remain quarrel between both the spouses, because the character of appellant Jai Pal was not good. Sheela was given beatings and was turned out of her matrimonial home by appellant Jai Pal and she stayed at the house of the complainant Kishna for about one year. Then, about six months prior to the occurrence, the Panchayat persuaded the complainant to send his daughter Sheela with appellant Jai Pal, but thereafter, quarrel used to remain between the couple. On the day of occurrence i.e. on 26.4.1994 at about 5 AM, Des Raj (PW.5) and Mehak Singh residents of village Behrampur came to the village of the complainant and informed him that his daughter had been strangulated to death by appellant Jai Pal along with others and her dead body was thrown in the Gitwars. On receipt of the information, complainant Kishna along with his son Maman and other persons of the village came to village Behrampur and saw the dead body of his daughter lying in the Gitwars. The complainant further stated that appellant Jai Pal and other persons had strangulated his daughter, therefore, action be taken. The said statement (Ex.PA) was recorded near Bus Stand Bapoli on 26.4.1994 at 12.30 PM. On the basis of this statement, on the same day, the formal FIR (Ex.PA/1) was registered at Police Station Sadar Panipat at 1.30 PM, and the special report was delivered to the Illaqa Magistrate at 3.35 PM on the same day. In the inquest report (Ex.PF), the date and hour of discovery of the offence is recorded as 26.4.1994 at 9.50 AM. It was further noticed that there were injuries on the right side of neck and mouth of the deceased and there was one small sign of wound on the left side on the mouth. The dead body was lying in the Gitwars of appellant Jai Pal and apparent cause of death recorded therein was strangulation.