STATE OF HARYANA Vs. PUSHPA

JUDGEMENT

(1.) Vide judgment dated 02.12.2016, in case FIR no. 219 dated 09.04.2013, registered at Police Station Sadar Bahadurgarh, initially for offence punishable under Sections 304-A and 279 of Indian Penal Code (for short 'IPC') and later for offences punishable under Sections 120-B and 302 read with Section 120-B IPC, Surender @ Sonu son of Diwan Singh and Pushpa wife of Suresh, were convicted for offence punishable under Sections 120-B and 302 read with Section 120-B IPC for murder of Suresh (later referred to as 'the deceased1). Convict-Surender @ Sonu was awarded sentence to undergo life imprisonment till death in natural course with fine of Rs. 5 lakhs, while convict-Pushpa was sentenced to be hanged till her death and also ordered to pay fine of Rs. 5 lakhs. Amount of fine, if recovered from both the convicts, was ordered to be paid to children of the deceased as per provisions of Section 357 Cr.P.C.

(2.) Learned Additional Sessions Judge, Jhajjar made reference (MRC No. 01 of 2017) for confirmation of death sentence awarded to convict-Pushpa, which has been taken up alongwith appeals (CRA-D-127-DB-2017 and CRA-D-75-DB-2018) filed by both the convicts.

(3.) Dead body of deceased-Suresh was found on 09.04.2013 at Gubhana-Bahadurgarh road near bridge and on information (PW-10) ASI Sudhir Kumar of Police Station Sadar Bahadurgarh reached the spot and recorded statement (Ex. PA) of Suraj Mai, brother of the deceased, wherein he stated that his younger brother Suresh (deceased) aged about 40 years had gone from his house at about 10.00 p.m. on 08.04.2013, after telling his children that he had some work and will return after sometime but did not return. At 07.00 a.m., they received information that his dead body was lying on Gubhana-Bahadurgarh road near bridge. He alongwith some villagers reached the spot and found his dead body, which had deep wounds on neck, left arm and fingers. He suspected that some unidentified vehicle had hit and killed his brother. On his statement, the police registered FIR (Ex. PW-9/A) for offences punishable under Sections 279 and 304-A IPC. The inquest report (Ex. PW-10/B) of deceased was prepared and photographs (Ex. PW-10/D to Ex. PW-10/J) were taken at the spot. Dead body of the deceased was sent for postmortem examination, which was conducted by Dr. Sushant Sharma (PW-14) of Government Hospital, Bahadurgarh. He found following injuries on the person of deceased:-