TEK CHAND AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Tek Chand and Krishna Devi have preferred the present appeal against the judgment of conviction dated 16.12.2010 and order of sentence dated 18.12.2010, passed by Addl.

(2.) Sessions Judge, Hisar, vide which appellant Tek Chand has been held guilty for the commission of offence punishable under Section 498-A IPC and appellant Krishna has been held guilty for the commission of offence punishable under Section 302 IPC and accordingly Tek Chand has been convicted and sentenced to imprisonment already undergone and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month under Section 498-A IPC and appellant Krishna Devi has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months under Section 302 IPC. However, both the appellants-accused have been acquitted of the charge under Section 304-B IPC.

(3.) Brief facts of the prosecution case are that on 13.05.2008, a V.T.message from Control Room, Hisar, was received in Police Station, Barwala that Sulochana wife of Tek Chand was admitted in General Hospital, Hisar on account of burns, whereupon ASI Joginder Singh, Investigating Officer, alongwith EHC Pritam reached General Hospital, Hisar and collected medical ruqa and MLR of Sulochana and sought the opinion of the doctor regarding her fitness for recording her statement. Thereafter, Investigating Officer submitted an application for recording the statement of Sulochana before Duty Magistrate, Hisar, who dismissed the said application vide order Ex.PM with the observation that no FIR in this case was registered so far. Then, Investigating Officer went to General Hospital, Hisar and recorded the statement Ex.PR of Sulochana, in which she stated that about six years back, she was married with Tek Chand. She has two daughters. Her elder daughter is about three years old and younger daughter is aged about six months. On 13.05.2008 at about 6/7:00 a.m., when she was sleeping, her husband and her brother-in-law (devar) gave her beatings.