PHOOL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Phool Singh has filed the present appeal against the judgment and order of sentence dated 11.06.2008, passed by the Sessions Judge, Yamuna Nagar, vide which he has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.3,000/- and in default of payment of fine to further undergo imprisonment for a period of six months under Section 302 IPC.

(2.) Brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Vinod Kumar son of Om Parkash, brother of deceased Mamta, which was got recorded to Sub Inspector Rajiv Kumar, SHO, Police Station Farakpur on 05.03.2007 at about 03:10 p.m. Vinod Kumar, complainant, stated in his statement that his sister Mamta (deceased) was married with Phool Singh @ Soni accused in the year 1993. Mamta had five children. About two years back, they constructed a house in Ashok Vihar and started living there. Earlier they were living in Lajpat Nagar, Mishra Colony, Yamunanagar. The complainant also stated that his brother-in-law Phool Singh @ Soni is habitual drunkard and used to give beatings to Mamta several times. Many times, counseling was given. They also gave financial help to accused. On 05.03.2007 at about 10:30 a.m., they received a telephonic message that their sister Mamta had died. Then the complainant alongwith his father and other family members reached Yamunanagar and saw the dead body of Mamta. There were marks of injuries on her face, right arm and multiple injury marks on other parts of her body. Dead body was lying inside the house. It is also stated by the complainant that Mamta was also used to be subjected to harassment as well as beatings by her mother-in-law Rehti Devi. They also came to know that on the evening of 04.03.2007 accused Soni @ Phool Singh and Rehti Devi had given beatings to Mamta on account of which she died in the night. After recording the statement of complainant, ruqa was sent to the police station on the basis of which formal FIR was registered. Then the Investigating Officer went to the spot and inspected it. Dead body was lying in the verandah of the house. Investigating Officer prepared the inquest report Ex.PE and sent the dead body to Civil Hospital, Yamuna Nagar for postmortem examination. Rough site plan was prepared. Statements of witnesses were recorded. On 06.03.2007, accused Phool Singh was arrested. On 07.03.2007, he was produced in the Court and was sent for two days police remand. Then the investigation was transferred to ASI Bhag Singh. On 08.03.2007, during interrogation, accused Phool Singh made disclosure statement to the effect that he had kept concealed sword in the pond of village Kansapur and he can get the same recovered. Then he got recovered the sword in pursuance of his disclosure statement. Sketch of the sword was prepared and the same was taken into police possession after preparing sealed parcel. Site plan of the place of recovery was also prepared. After necessary investigation, challan was presented.

(3.) On presentation of challan, copy of challan and other documents were supplied to the accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was charged for the offence under Section 302 IPC to which he pleaded not guilty and claimed trial.