PRITAM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Vide judgment dated 21.8.2009, respondent Nos.2 to 4 were acquitted by giving them benefit of doubt. On a statement made by the applicant-complainant, an FIR No.107 was registered against respondent Nos.2 to 4 for commission of offences under Sections 363/366 IPC on 25.6.2008. On that very day, dead body of the prosecutrix was recovered from cremation ground of the village Khanpur, police station Chhappar, district Yamuna Nagar, whereupon offences under Sections 302, 376 IPC etc. were also added in the FIR. 14 years old daughter of the complainant went missing during the intervening night of 23 rd /24 th of June 2008. A suspicion was raised against respondent Nos.2 to 4 that they had enticed away minor girl on a pretext to marry her. Dead body was recovered on 25.6.2008. A suicide note was also recovered from the dead body in which the deceased had alleged, having finished her life on account of being spoiled by her uncle Rinku.

(2.) The accused were arrested. They made disclosure statement, admitting their guilt. The investigating officer completed investigation as per norms. Copies of the documents were supplied to the accused. They were charge sheeted, to which they pleaded not guilty and claimed trial. The prosecution produced 19 witnesses and also brought on record documentary evidence to prove its case. On conclusion of prosecution's evidence, statements of the accused were recorded under Section 313 Cr.P.C. Incriminating material existing on record was put to them, which they denied, claimed innocence and false implication. However, they led no evidence in defence.

(3.) It was case of a blind murder. The prosecution relied upon statement made by Budh Ram (PW8), who had stated that he has seen, in the midst of the night, one girl and four boys on another side of the bank river chitang. In the morning, he came to know that the prosecutrix was missing from her house. It was deposed by this witness that he had seen the girl and the boys for two to three seconds. There is nothing on record to say that the night was moonlit. This witness also admitted that he failed to identify the girl and the boys seen by him. PW10 Pritam Singh (complainant) has admitted that a suicide note (Ex.PQ) was recovered from the dead body. He has also admitted that his brother Rinku used to live with him. It was further stated that none of the accused were studying in the school of his daughter and they never visited his house. Regarding condition of the body, as seen at the time of post-mortem examination, deposition was made by Dr.Basant Lal Sirohiwal (PW16). Strangulation by ligature was declared as a cause of death, which was ante mortem in nature. This witness stated that from the date of postmortem examination, death may have occurred within five days. Post-mortem was conducted on 27.6.2008.