ANITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12/23.1.2006 passed by the learned Sessions Judge, Narnaul, whereby the appellant has been convicted under Sections 302 and 328 IPC and sentenced to undergo life imprisonment for an offence under Section 302 IPC and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo RI for a period of 10 months and to undergo RI for 7 years under Section 328 IPC and to pay fine of Rs. 7000/- and in default of payment of fine to further undergo RI for 7 months.

(2.) The prosecution case was set in motion on the basis of the statement of Smt. Prem Devi, Exhibit PL/2 on 23.9.2004. She stated that that she has one son, named, Mahesh Singh and daughter Maina. Her daughter is married. Mahesh Singh was married to Smt. Anita of village Luhari about 7 years ago. Mahesh, who used to work as labourer, has no child. The character of Smt. Anita was not good and she used to remain out of house for many days. On 21.9.2004, she came home in the evening after three days. On 22.9.2004 in the evening, Smt. Anita told that she would go anywhere and would not stay in the house. On this, she (Prem Devi) told this fact to her other family members. Her family members gathered in the morning of the day of occurrence and were preparing to leave the appellant to her parental home at Luhari. A vehicle was arranged. In the meanwhile, her brother Mangal Singh and her son Mahesh Singh, who used to live with his maternal uncle, came. She asked Smt. Anita to prepare tea and Smt. Anita prepared tea and brought two cups. One cup of tea was drunk by her son Mahesh Singh and another cup by Bhagirath @ Pappu son of Ram Kumar, resident of village Kheri. Her brother did not take the tea. Thereafter, Dashrath Singh son of Phool Singh, Tejpal Singh son of Rachhpal Singh, Mahabir Singh son of Phool Singh and Mahabir Singh son of Rangilal Singh , residents of the same village, along with Anita left for village Luhari in a vehicle. The tea was taken at 11.30 a.m. After 10 minutes, her son Mahesh Singh and Bhagirath became unconscious and she raised alarm. Her neighbours came and took away them to Kanina hospital in a vehicle. Thereafter, she came to know that her son Mahesh Singh has expired and Bhagirath @ Pappu has been referred to Rohtak. The cause of death of her son is mixing of some poisonous substance in the tea by the appellant. On the basis of the said information, a ruqa was sent by the SHO, Police Station, Kanina. On such statement, FIR (Exhibit PL) was recorded.

(3.) The post mortem (Exhibit PH) on the dead body of Mahesh Singh was performed by PW9-Dr. Balwinder Singh, Medical Officer, Civil Hospital, Charki Dadri. He deposed that there was no external mark of injury present on the body. The scalper, skull, chest wall, pleura, pericardium, abdomen wall and peritoneum were found to be healthy. The brain, trachea, larynx, both lungs and the food pipe, were found to be congested. There was blood in the chamber of heart. The stomach, small gut, large gut with its contents, parts of lever, spleen and kidney were sent for chemical analysis. Opinion of the cause of death was withheld till the arrival of viscera report.