ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT -Ishwar has preferred the instant appeal feeling dissatisfied against the judgment of conviction dated October 20, 2008 and order of sentence dated October 23, 2008 passed by learned Sessions Judge, Sirsa in case FIR No. 46 dated 17.03.2007, registered at Police Station Nathusari Chopta, under Section 302 of the IPC whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of '5000/ - and in default of payment of fine, to undergo further simple imprisonment for one month. Succinctly, the case of the prosecution as contained in the report under Section 173(2) Cr.P.C. is that Gauri Shankar son of Mukand Singh, resident of Nathusari Kalan, disclosed to the police that on March 17, 2007 at about 1:00 p.m., his sister -in -law namely Pushpa @ Champa, who has been running a grocery shop in the house, returned after collecting some fodder from the fields. His brother Ishwar Singh asked her to prepare tea for him but she parried that she would prepare tea after having supplied items to a customer. His brother became furious and dealt 2 -3 spade (kassi) blows from its reverse side on her head. On sustaining injuries, she fell down. On hearing commotion, his uncle Rameshwar was attracted to the spot. When she was being rushed to hospital at Sirsa, they got her checked -up at Sigma Hospital, where she was declared dead. Her dead body was brought back to the house. Statement of Gauri Shankar Ex.P -2, was sent to Police Station NS Chopta by making an endorsement Ex.P -2/B, by SI/SHO Joginder Singh, on the basis of which, formal FIR Ex.P -2/A was put into black and white by ASI Jagdish Parshad. Thereafter, the Investigating Officer visited the spot, prepared inquest report in respect of the dead body of Pushpa @ Champa, prepared the visual site plan of the place of occurrence Ex.P -18, took into possession blood stained earth and towel after converting the same into sealed parcels vide memo Ex.P -12, deputed ASI Ranjit Singh for getting conducted autopsy on the dead body of Pushpa @ Champa and recorded the statements of the witnesses under Section 161 Cr.P.C. During the intervening night of March 17/18, 2007, Hari Singh, resident of Nathu Sari Kalan, produced the accused along with spade (kassi) before SI Joginder Singh. After preparation of sketch of spade (kassi) Ex.P -16, it was converted into sealed parcel, which was taken into possession vide memo Ex.P -15. Seal after use was entrusted to ASI Ram Bhaj. While he was returning to police station, ASI Ranjit Singh met him near the Bus Stand Sirsa, who produced before him a copy of PMR and parcel containing clothes of the deceased, which were taken into possession vide memo Ex.P -17. He recorded the statements of the witnesses under Section 161 Cr.P.C. and also got prepared scaled site plan of the place of occurrence by Radhey Sham, Draftsman. After completion of the investigation, report under Section 173(2) Cr.P.C. was presented before ld. Jurisdictional Magistrate. It was committed to the Court of Sessions after having complied with the provisions contained in Section 207 Cr.P.C. by ld. Additional Chief Judicial Magistrate, Sirsa vide order dated May 11, 2007.

(2.) SINCE a prima facie case was made out under Section 302 of the IPC from the contents of the report under Section 173(2) Cr.P.C. and the documents annexed with it, appellant was charged to face trial under Section 302 of the IPC. He did not plead guilty to the charge and claimed trial.

(3.) WHEN the incriminating circumstances, appearing in prosecution evidence were put to the accused for eliciting his explanation as required under Section 313 Cr.P.C., he denied all of them and pleaded innocence. Plea taken by the accused -appellant runs as under: -