KISHAN PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 21.04.2009 and order of sentence dated 22.04.2009 passed by Sessions Judge, Panchkula. The appellant Kishan Pal has been prosecuted and convicted in FIR No.105 dated 27.02.2008 registered under Section 302 IPC at police station Sector 5, Panchkula.

(2.) The appellant was sentenced to undergo life imprisonment along with a fine of Rs.5,000/- under Section 302 IPC. In default of payment of fine, he was to further undergo imprisonment for a period of one year. We may first advert to the prosecution case. Pooja was married to Kishan Pal two months prior to the unfortunate occurrence. Her cries at night attracted the neighbours. Amar Singh -complainant lodged a complaint Ex.PM with the police that at 3.00 am Ishwari informed him that Kishan Pal, their neighbour, had beaten his wife and had critically injured her and had escaped from the spot on seeing him and Pooja was crying in pain. Amar Singh went to Kishan Pal's jhugi and saw blood oozing from Pooja's abdomen. He called Ramdeen, owner of a three-wheeler and took Pooja to General Hospital, Sector 6, Panchkula. The condition of Pooja was critical and she was referred to PGI, Chandigarh where she was operated but she died in the evening.

(3.) It had also mentioned in the complaint that Kishan Pal's sister Mamta aged 14-15 years had slept in Amar Singh's house that night. A formal FIR Ex.PJ was registered. The police recovered the knife from the spot and also the blood stained blanket and quilt. A photographer was summoned, who took the photographs. The accused was arrested and he made a disclosure statement Ex.PG and confessed to the crime. After the completion of investigation a report under Section 173 Cr.PC was laid before the Court under Section 302 IPC.