NARESH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction dated 30.1.2003 and order of sentence dated 5.2.2003, passed by the learned Additional Sessions judge, Panipat, whereby both the appellants were sentenced to undergo rigorous imprisonment for seven years each for the offence punishable under Section 304-B of the Indian Penal Code.

(2.) The brief facts of the case are that on 25.7.1991, on receipt of Ruqa from Civil Hospital, Panipat about the admission of Sheela in burn condition, ASI Satpal reached there. The statement of victim under Section 164 of the Code of Criminal Procedure was recorded by the Chief Judicial Magistrate, Panipat at General Hospital, Panipat. The ASI obtained the copy of the MLR and copy of the statement and registered the FIR under Sections 307/498-A of the Indian Penal Code against the accused persons. Sheela Devi died on 30.7.1991. The offence was converted into under Section 304- B of IPC. The accused persons were arrested. After completing the investigation, the challan was presented in the Court. The accused were charge sheeted under sections 498-A/304-B IPC by the learned Trial Court, to which they did not plead guilty and claimed trial.

(3.) In order to bring home guilt to the accused, the prosecution examined as many as three witnesses namely, Bhagat Ram as PW1; Ram Pal as PW2; and Parmeshwar as PW3. All the said witnesses did not support the prosecution case and declared hostile. Sh.Surinder Kumar, the then Chief Judicial Magistrate examined as PW4, who proved the statement of Sheela as Ex.PF.