RISALO Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by appellant- Smt.Risalo for setting aside the judgment of conviction /order of sentence dated 14.5.2001/30.5.2001, passed by the learned Sessions Judge, Sonipat, whereby she was convicted for the offence punishable under Section 306 IPC and sentenced to undergo rigorous imprisonment for four years alongwith fine of Rs.1000/-; or in default of payment of fine, she would further undergo rigorous imprisonment for six months.

(2.) The brief facts of the prosecution case are that on 4.10.1998, after receiving a Ruqa Ex.PC by ASI Jorawar Singh from General Hospital, Sonipat that one victim namely Ishwanti has been admitted in the hospital as a case of death by poisoning, he went to the Hospital and moved an application Ex.PA and sought opinion of the doctor as to whether Ishwanti was fit to make a statement, on which the doctor opined that she was fit to make a statement. Thereafter, he moved another application Ex.PB to the Chief Judicial Magistrate, Sonipat on 4.10.1998, who directed Additional Chief Judicial Magistrate to record the statement of Ishwanti. On 4.10.1998, after seeking opinion from the doctor that Ishwanti, at that time, was fit to make the statement, he recorded the statement of Ishwanti as Ex.PQ/3 at 10.40 P.M. On the same day at about 4.15 P.M. Ishwanti had expired. Postmortem of the dead body was conducted vide report Ex.P2. ASI Jorawar Singh recorded the statements of the witnesses and investigated the case. On 22.10.1998, the appellant accused was arrested. After completing the investigation, the challan was presented in the Court. The accused was charge sheeted under section 306 IPC by the learned Trial Court.

(3.) In order to bring home guilt to the accused, the prosecution examined as many as ten witnesses, namely, Dr.V.K.Gupta, Medical Officer, General Hospital, Sonipat as PW1; Dr.Versha Rani, Medical Officer, as PW2; Constable Maman Singh as PW3; HC Dharam Singh as PW4; Dr.Hari Narain, Krishna Nursing Home, Narela as PW5; Dr.Purnima Ahuja as PW6; Karam Singh, father of the deceased as PW7; Hoshiar Singh, Uncle of the deceased as PW8; ASI Jorawar Singh, Investigating Officer, as PW9; and Sh. OP Verma, Addl. Chief Judicial Magistrate, Sonipat as PW10.