DEVENDER ALIAS KALY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by Devender alias Kaly -appellant against the judgment of conviction and order of sentence dated 2.8.2001/6.8.2001 passed by Sessions Judge, Faridabad, whereby the appellant has been held guilty and convicted for the offence under Section 306 of the Indian Penal Code (hereinafter referred to as Rs.IPC'). He has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 306 IPC.

(2.) THE brief facts of the prosecution case are that on 1.1.1999, ASI Vijender Singh on receipt of a message from Police Station Kotwali, Faridabad regarding admission of Poonam wife of Paramjit Garg at EMC (Escorts Medical Centre), Faridabad, who had taken some poisonous tablets, he went to the Hospital and collected Rs.Ruqa' and MLR and then reached EMC, Faridabad and recorded statement Ex.PA of PW -3 Nirottam Parshad Garg. In his statement, he stated that Poonam (since deceased) was earlier married to accused -appellant Devender in the year 1991. Out of this wedlock, a female child was also born. The marriage between the parties was dissolved in the year 1997. Later on, Poonam divorcee was married to Pawan Kumar Garg in June 1997, who is the eldest son of Nirottam Parshad Garg -complainant. Pawan Kumar Garg is handicapped person and the marriage was solemnized in very cordial atmosphere. Family of complainant -Nirottam Parshad Garg also adopted the daughter of Poonam and they were living happily. After the second marriage of Poonam, Devender -appellant started harassing her by calling her time and again on telephone and then used to harass her by using absurd words. On that account, she was mentally tortured many a times by the accused -appellant. On 31.12.1998, Poonam had gone to see her mother at Faridabad in the morning and she returned to her in -law's house in the evening. On that day, she had watched the programme on television along with other family members till 12.30 midnight. Thereafter, at about 2.00 a.m. midnight, Pawan Kumar husband of Poonam raised an alarm that Poonam was vomiting as if she had consumed some poisonous substance. On hearing the alarm, complainant Nirottam Parshad and Maya Rani, mother -in -law of Poonam, rushed towards the bed room of their son Pawan Kumar. On reaching there,they found that Poonam was vomiting out in the bath room. On the asking of the complainant, Poonam told that she had committed a mistake due to the tension. On further inquiry, it was also revealed by Poonam that she used to receive telephonic calls from accused, who was her previous husband and on that account she was feeling harassed. She was taken to the hospital and then she was referred to Escorts Medical Centre, Faridabad, where she died at about 5.00 p.m. After recording the statement of the complainant, Rs.Ruqa' was sent to the Police Station, on the basis of which formal FIR Ex.PA/2 was registered. Inquest proceedings were conducted and inquest report Ex.PD was prepared. Post -mortem examination on the dead body of Poonam was got conducted. The statements of the witnesses were recorded. The Investigating Officer visited the spot and rough site plan was prepared. After necessary investigation, the challan was presented in the Court.

(3.) IN support of its case, the prosecution examined PW -1 ASI Vijay Singh, who recorded the formal FIR on receiving the Rs.Ruqa'. PW -2 Anoj Kumar, Draftsman mainly deposed regarding preparing of scaled site plan Ex.PB. PW -3 Nirottam Parshad -complainant mainly deposed the same facts as per prosecution version. PW -4 Dr. P.K. Maghu, Medical Officer, B.K. Hospital, Faridabad deposed regarding conducting of postmortem examination on the dead body of Poonam on 1.1.1999. PW -5 Narvada Aggarwal is the neighbour of the complainant. She also deposed as per prosecution version. PW -6 Kamla Devi is the mother of Poonam. She also deposed as per prosecution version. PW -7 Pawan Kumar Garg is the husband of Poonam, who deposed as per prosecution version. PW -8 Des Raj mainly deposed that on the direction of the doctor, he handed over the viscera to the Police. PW -9 ASI Dharampal mainly deposed regarding preparing of report under Section 173 Cr.P.C. and also regarding the arrest of the accused. PW -10 Gagan Deep brought the summoned record regarding MLR conducted by Dr. Kapil and he also sent the Rs.Ruqa' to the Police. PW -11 ASI Vijender Singh is the Investigating Officer, who mainly deposed regarding the investigation of this case.