KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment and order of learned trial Court dated 12.09.2003 and 15.09.2003 respectively whereby he was convicted under Section 306 IPC and sentenced to undergo rigorous imprisonment for a period of 7 years together with a fine of Rs.3000/- and in default of payment of fine, he was ordered to further undergo rigorous imprisonment for a period of one year.

(2.) Briefly stated the prosecution story as stipulated in the FIR is that on 7.12.2001 a written information was received in the police station GRP Sonepat from Civil Hospital, Ganaur that dead body of a lady had been brought .On receiving the information Head Constable Sahab Singh reached the hospital and conducted inquest proceedings. However, the dead body was not identified and in an effort to get it identified, the same was taken to railway station and was put on a platform. Next day i.e.8.12.2001 one Ram Chand identified the dead body to be that of his niece Sunita i.e. wife of the appellant. He stated that Sunita was adopted by him and was married to the present appellant in the year 1988. Three daughters were born out of this wedlock. The appellant started maltreating Sunita and on 6.12.2001 he along with his three children and wife Sunita came to the house of the complainant at Sonepat. Next day the complainant and his wife went to market for purchasing some household articles leaving the appellant and his family at home. When they came back, the appellant and deceased were not there and it was told by their grand daughter that their father had taken their mother i.e. deceased Sunita, after rebuking and threatening her. On 8.12.2001 one Rameshwar told the complainant that his niece Sunita was being beaten by her husband Krishan just ahead of village Rajlu Garhi and that in the meantime a train was arriving and Krishan pushed Sunita under the running train as a result of which she struck against it and fell down. On this a case was registered against the appellant-accused who was also arrested. Postmortem was got conducted and on completion of usual formalities of investigation, challan was presented in Court.

(3.) Accused was charged for the commission of offence under Section 302 IPC to which he did not plead guilty and claimed trial. In order to prove its case the prosecution examined as many as 16 witnesses.