DEEPAK SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Deepak Sharma has filed this appeal against the judgment of conviction and order of sentence dated 1.4.2002/3.4.2002 passed by Additional Sessions Judge, Karnal, whereby he has been held guilty and convicted for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 302 IPC.

(2.) On 10.5.1998 ASI Jai Parkash, In-charge, Police Post, Taraori along with Rishi Parkash was on VIP duty when he received a V.T. message regarding burning of Seema, on which it was written that patient was referred to Civil Hospital, Karnal. On receipt of V.T. message, ASI Jai Parkash along with accompanying Constable reached Civil Hospital, Karnal, where ASI Prem Singh produced before him one application for obtaining statement and MLR of Seema dated 10.5.1998 and told him that Shri Nazar Singh, Duty Magistrate/Judicial Magistrate Ist Class, Karnal, had recorded the statement. Then the Investigating Officer reached at Court, Karnal and moved an application to the Judicial Magistrate for obtaining the copy of statement of Seema and the Steno to JMIC, Karnal supplied the copy of statement. From the above statement, writing was sent to the Police Station for registration of case. In the statement, Seema stated that her husband Deepak Sharma had set her on fire and he had also given beating to her. Deepak had set her on fire after sprinkling kerosene oil upon her. None except Deepak was guilty for this. Deepak used to give her beatings. When the Investigating Officer obtained copy of the dying declaration Ex.PL, at that time there was no overwriting or cutting. It is worth mentioning here that later on overwriting and cuttings were found in the record. The time given beneath the signatures on the endorsement of the Investigating Officer Ex.PL/1 was changed from 1.10 p.m. to 4.10 p.m. The date beneath the signature of Satya Parkash on Ex.PL/3 was mentioned as 12.5.1998 etc. regarding which a separate inquiry was directed in the lower Court. After the registration of the FIR, the Investigating Officer reached Taraori and went to the place of occurrence. He prepared rough site plan Ex.PN.

(3.) On presentation of challan, the trial Court finding prima facie case against accused-appellant Deepak Sharma, framed charges for the offences under Sections 302 and 304-B IPC. The accused pleaded not guilty to above charges and claimed trial.