BABITA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 11.09.2009 passed by the then learned Sessions Judge, Kaithal, vide which accused-appellant has been held guilty and convicted for the offences punishable under sections 302 and 201 of the Indian Penal Code (in short 'IPC') and the order on the quantum of sentence dated 16.09.2009, vide which she has been sentenced to undergo imprisonment for life and to pay a fine of Rs.5000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year for the offence punishable under Section 302 IPC. She was further sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months for the offence punishable under Section 201 IPC. Both the sentences were ordered to be run concurrently.

(2.) The brief facts giving rise to this prosecution are that PW-2 complainant Ved Parkash, the husband of the appellant made his statement Ex.PA to PW-14 S.I. Chanan Singh alleging therein that his wife appellant Babita is resident of village Hebatpur. He has three daughters. Elder is Pooja, aged about 9 years, second daughter is Sweta aged 6 years and Maafi is the younger daughter aged about 4 years. His son Ghanshyam Dass, aged about two years, is the youngest. His wife Babita did not have good moral character. He made her understand about it many times and also told this fact to her parents. The appellant always quarreled with him, his mother and his sister due to her immoral activities. She used to say many times to them that she is not afraid of them. If they will defame her, then she will get them implicated and she will die by putting fire in the house and will also kill him. On 21.04.2008, about 6:00 p.m., he went to his sister Jarso, who is married at village Bakal. He came to know in the morning on 23.04.2008 that his wife Babita had been quarrelling with his mother Savitri Devi constantly after he left the house and on the previous night his wife Babita murdered his mother Savitri Devi by causing injuries with an unknown weapon and, thereafter, she took her body in the upper story in the Chobara and put on the fire in the Chobara. She also murdered both his daughters namely Pooja and Maafi by setting them ablaze. In order to create her defence, she got admitted in the Civil Hospital, Kaithal along with members of her parental family. His younger son Ghanshyam Dass is also with her. His wife, instead of giving up the immoral activities and on account of the grudge, murdered his mother and daughters Pooja and Maafi by setting them on fire in the night. S.I. Chanan Singh S.H.O., Police Station Dhand made his endorsement Ex.PA/1 on the said statement and sent the same to the Police Station. On the basis of which, FIR Ex.PA/2 was registered and the investigation was started.

(3.) Thereafter, PW-14 S.I. Chanan Singh went to the spot at village Sakra and prepared the rough site plan of occurrence Ex.PR. He also got the spot photographed and carried out the inquest proceedings. He recovered from the spot a piece of bedding carpet smeared with blood along with a rope. These articles were kept in separate sealed parcels. He also lifted from the spot the blood stained earth and a piece of brick stained with blood. These articles were also kept in separate sealed parcels. He also found a bunch of hair entangled at 4th stair from the rooftop. He prepared the sealed parcel of the said bunch of hair by putting the same into a plastic container. He also found the broken pieces of bangles and 'Ghunghuru' which were lying on a space between cot and staircase. The same were also taken into possession vide memo Ex.PS/3 after converting into sealed parcels. The Investigating Officer also took into possession the soil along with ash which was also kept in sealed parcel. The dead bodies were sent to Civil Hospital, Kaithal for postmortem examination.