DHARAM RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was convicted for offence punishable under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced by the same order dated 11.9.2002 to undergo rigorous imprisonment for life with fine of C5,000/- and was awarded a further rigorous imprisonment for a period of two years in default of payment of fine.

(2.) The formal FIR (Ex.PC) was registered on the complaint made by Ashok Kumar (PW5) brother of deceased Saroj on 5.3.2001 at 11.20 PM. He stated that he is a resident of village Bhainaru Khurd and had passed B.A. They were two brothers and two sisters and he was the youngest. His elder sister was married in village Chhuachhi and his second sister Saroj was married with Dharam Raj (Appellant) of village Makrauli about 11 years ago. Saroj (deceased) had no child from the wedlock due to this reason her in-laws used to taunt her, the appellant used to suspect her chastity and gave beatings to the deceased earlier about which she had made a complaint to his mother and father. The deceased used to remain in the house of the complainant to look after her mother due to her surgery and had narrated these things at that time that the appellant used to give beatings to her and told her that if he get rid of her, he will solemnize second marriage. His sister came back to the matrimonial home at village Makrauli, today at about 3.30 PM (day time). He and his cousin Ramesh had come to Sampla town due to domestic work. At that time Ombir s/o Raj Singh, Jat resident of village Bhainsru Khurd, who owns a shoe shop, told him and Rakesh that "his relative Dharam Raj of village Makrauli came to him and told that he had finished (murdered) his wife due to her bad character and not giving birth of any child. I may give this information to her parents". He left after narrating it and after receipt of this information from Ombir, he informed his family members, reached his sister Saroj's (deceased) house and saw her dead body lying on a Chaubara on which there was a deep bluish marks of strangulation. He belived that she has been murdered by her husband by strangulating. He left his cousin with the dead body of his sister and left for police station to register the complaint. SI Ishwar Singh (PW9) started investigation, prepared rough site plan (Ex.PM) inquest report (Ex.PK) and sent the dead body for autopsy with application (Ex.PL). The postmortem was conducted by Dr.A.K. Goel (since deceased), who opined that the cause of death was because of asphyxia due to strangulation by ligature. In his postmortem report (Ex.PP) injuries were found ante-mortem and sufficient to cause death in ordinary course of nature. After postmortem, clothes of the deceased in a sealed parcel were taken into possession vide Memo Ex.PN by the police. The appellant was arrested on 6.3.2001. In his disclosure statement (Ex.PF), on the next date i.e. 7.3.2001, got recovered Chunni (Ex.P1) with which the strangulation was done. Lateron, regular scaled site plan (Ex.PE) was prepared by Sumit Kumar (PW3) and after completion of investigation challan was presented.

(3.) The prosecution examined ASI Ram Kishan (PW1), ASI Surjit Singh (PW2) and Constable Sumit Kumar (PW3). Ombir (PW4), Ashok Kumar (PW5) and Umed Singh (PW6) were testified regarding motive, extrajudicial confession and recovery of Chunni, at the instance of the appellant. Head Constable Ram Phal (PW7) and Constable Ram Dhan (PW8) are formal witnesses, who had tendered their affidavits (Ex.PH & Ex.PJ) in their evidence regarding receipt of sealed parcel after postmortem, safe custody and delivery of special report to the Magistrate. SI/SHO Ishwar Singh (PW9) is the Investigating Officer. Since Dr. A.K. Goel, who conducted the postmortem, has expired, in order to prove his report, Bijender Singh (PW10) an official of the Hospital in which the doctor was working is examined who testified his signatures.