SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Satish Kumar has filed this appeal against the judgment of conviction and order of sentence dated 4.7.2008 passed by Additional Sessions Judge (I), Bhiwani whereby he has been held guilty and convicted for the offence 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. 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for 31/2 years for the offence under Section 302 IPC. However, accused-Lado Devi has been acquitted of the charge framed against her by giving her benefit of doubt.

(2.) The brief facts of the prosecution case are that a message from Police Station Civil Lines, Hisar was received at Police Station, Siwani regarding admission of injured Sunita wife of Satish Kumar due to burn injuries. On receiving this information, SI Umed Singh along with other Police official EHC Raghbir Singh reached Soni Burn Hospital, Hisar to record the statement. MLR and 'Ruqa' were obtained from Civil Lines Police Station, Hisar. In the 'Ruqa' 80% burn injuries were mentioned. After obtaining the opinion of the doctor, application was given to Chief Judicial Magistrate for recording the statement of Smt. Sunita. Shri R.P. Singh, learned Judicial Magistrate Ist Class, Hisar was deputed, who after obtaining the opinion of the doctor regarding the fitness of the injured at 12.15 p.m. got recorded the statement Ex.PE, which is as under:-

(3.) On the basis of this statement, 'Ruqa' was sent to the Police Station and the formal FIR was registered.