STATE OF HARYANA Vs. SAJJAN

JUDGEMENT

(1.) The State of Haryana has filed this application under Section 378 (3) Cr.P.C., for grant of leave to file appeal against the judgment dated 4.6.2010, passed by the court of Additional Sessions Judge, Hisar. Vide the said judgment, the learned trial court has convicted accused (respondents herein), namely Sajjan and Baljit, husband and brother-in-law (younger brother of husband) of deceased Meena, for the offences under Sections 304-B and 498-A read with Section 34 IPC. They have been sentenced to undergo rigorous imprisonment for a period of seven years each under Section 304-B, and to undergo rigorous imprisonment for a period of two years and to pay a fine of ' 1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for one month each, under Section 498-IPC. However, both the respondents have been acquitted of the charge framed against them under Section 302 read with Section 34 IPC, and respondent No.1 Sajjan has also been acquitted of the charge under Section 309 IPC.

(2.) In this application, the prayer of the State of Haryana is that the learned trial court, while ignoring the credible evidence available on the record, has wrongly acquitted both the respondents for the offence under Section 302 read with Section 34 IPC.

(3.) In this case, as per the prosecution version, which is based upon the statement Rameshwar (PW.8), his niece Meena was murdered by both the respondents on account of giving less dowry. As per the prosecution version, on 20.8.12007, dead body of Meena, having cut on her neck, was found in the field near Barwala-Hansi road. According to the post mortem report, she died due to neck injury. The first accused, namely Sajjan (husband of deceased) was also medico legally examined on the day of occurrence and six injuries were found on his body.