STATE OF HARYANA Vs. MANJIT KAUR

JUDGEMENT

(1.) State of Haryana is in appeal against the judgment dated 31.10.2008 passed by learned Additional Sessions Judge, (Adhoc)Fast Track Court, Kurukshetra, arising out of FIR No. 89 dated 20.4.2007 for the offences under Sections 302/328/309 IPC, PS Kurukshetra University, Kurukshetra,whereby respondent Manjit Kaur has been acquitted of the charges levelled against her.

(2.) As per case of the prosecution, on 20.4.2007 at 5.30 a.m., one Baldev Singh made statement Ex.PX before SI/SHO Ram Singh (PW23) of Adarsh Police Station, Kurukshetra University, Kurukshetra to the effect that his 15 years ago his daughter Manjit Kaur was married with Lakhwinder son of Kartar Singh and out of that wedlock two daughters, namely, Amandeep and Harpreet Kaur were born. Lakhwinder Singh committed suicide about 8/9 years ago and after his death Manjit Kaur contracted Karewa marriage with Charan Singh (brother of late Lakhwinder Singh), who was already married to Kulwinder Kaur @ Rajwinder Kaur. Out of this wedlock a son namely Jasandeep was born. It was further alleged by Baldev Singh that differences had arisen in the family life of Charan Singh and on the night of 19.4.2007 Charan Singh telephonically informed the complainant that his daughter and her three children, namely, Amandeep, Harpreet Kaur and Jasandeep had consumed some medicine due to which they all were admitted in Nagpal Hospital, Kurukshetra. On receipt of said telephonic information, complainant Baldev Singh alongwith his relatives and other residents of his village reached Nagpal Nursing Home where they found that Amandeep Kaur and Jasandeep had already died and Manjit Kaur and Harpreet Kaur were struggling for life. It was also alleged by Baldev Singh that on enquiring from his daughter Manjit Kaur, it was told by her that Charan Singh and his wife Rajwinder Kaur had forcibly administered medicine to them as a result of which Amandeep Kaur and Jasandeep had died. With these allegations action was sought against the accused person.

(3.) ASI Ram Singh (PW 23) after recording the said statement Ex.PX, made his endorsement Ex.PX/1 and sent the same for registration of an FIR upon which formal FIR Ex.PX/3 was recorded at PS Kurukshetra University, Kurukshetra at 7.35 pm and special report was sent to the Illaqa Magistrate.