STATE OF PUNJAB Vs. RAJIV KUMAR

JUDGEMENT

(1.) This Appeal is directed against judgment dated 19.1.2000 passed by the trial Court by virtue of which accused-respondent was acquitted of the charges framed against him under Sections 302 and 307 of the Indian Penal Code.

(2.) Brief facts which are necessary for the disposal of this appeal are recapitulated as under:

(3.) On 12.5.1995 Shoba Rani along with her two sons, namely, Prince (aged about 8 years), Pankaj (aged about 6 years) and one daughter, namely, Vishka (aged about 3 years) were got admitted by Jiwan Kumar, neighbourer, in Dayanand Medical College and Hospital, Ludhiana with the history of having consumed acid. Intimation regarding their admission was sent to the Police Station Sarbha Nagar by the Medical Officer. On 13.5.1995 Sub Inspector Gurchetan Singh, Incharge, Police Post Salem Tabri received a wireless message from Police Station Sarbha Nagar that Shoba Rani wife of Rajiv Kumar was admitted in Dayanand Medical College and Hospital, Ludhiana, having consumed poison (sic acid) and that her statement was to be recorded therein. He was further informed that one son and one daughter of Shoba Rani had already died in the hospital and another son named Prince was also admitted there. Sub Inspector Gurchetan Singh along with Head Constable Narinder Singh, SPO Kulwinder Singh and SPO Rajeshwar Pandey went to Police Station, Sarbha Nagar and obtained written information received from Dayanand Medical College and Hospital, Ludhiana and then he reached along with other officials in Dayanand Medical College and Hospital, Ludhiana. He submitted an application seeking opinion of the doctor regarding fitness of the injured as to whether she is fit to make a statement. The doctor opined that she is fit to make a statement whereupon Sub Inspector recorded the statement of Shoba Rani, which was signed by her in presence of Dr. Ripudaman Kalra. The statement of Shoba Rani was sent to the Police Station for registration of the case through Head Constable Narinder Singh, on the basis of which formal FIR Ex. PPM was recorded by Sarup Singh Sub Inspector. It was stated by Shoba Rani that she was married Rajiv Kumar about nine years back and was residing in Sandeep Nagar, Ludhiana. She had two sons and one daughter aged about 7, 5 and 2 years respectively. Rajiv Kumar was doing the business of Property Dealer and on account of slump in the market, he forced her to bring money from her parents to invest in the business. On showing helplessness of her parents, he used to beat her. Her mother-in-law Nirmala Devi and Sister-in-law Sarita Rani alias Bebi, who were residing in the vicinity of Sarup Nagar also used to instigate her husband to beat her.