RAJESHWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment rendered by Additional Sessions Judge, Gurgaon, whereby he convicted appellant Rajeshwar son of Ram Sarup Chauhan, under Section 306 IPC and sentenced him to undergo rigorous imprisonment for four years and to pay a fine of Rs. 2,000/-. In default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) Appellant is said to have abetted suicide of his wife Rameshwari Devi. At the time of occurrence, marriage of the appellant with Rameshwari Devi was 20 years old. It is a case of over suspicious wife, who, without any reason or rhyme, suspected her husband of infidelity.

(3.) A peculiar feature of this case is that conviction of the present appellant is based upon the dying declaration recorded by police official on basis of which case FIR No. 761 dated 10.12.1995 was registered at Police Station City, Gurgaon, under Section 306 IPC. All relations of the deceased have not supported case of the prosecution but as the dying declaration stand, same is to be taken into consideration. The statement of Rameshwari Devi, when translated to English, read as under :-