PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Judgment of conviction dated October 05, 2002 and order of sentence dated October 09, 2002 of the Court of learned Sessions Judge, Jind convicting and sentencing appellant Parkash to rigorous imprisonment for a term of seven years with fine amounting to Rs.3,000/- and in default of payment of fine to further rigorous imprisonment for a term of two years under Section 306 of the Indian Penal Code, 1860 (45 of 1860) (here-inafter referred to as, the IPC) in Sessions Case No. 73 of December 03, 2001, Sessions Trial No. 26 of April 04, 2002, State versus Parkash, arising out of First Information Report (FIR, for short) No. 139 of July 30, 2001, recorded at Police Station, Sadar, Narwana under Section 306, IPC, are under challenge in this appeal brought by the convict.

(2.) Gita, the deceased, was married to Parkash, the appellant about thirteen years before the date of occurrence. On July 13, 2001 she was brought to Civil Hospital, Narwana with burn injuries. Authorities of the hospital sent intimation, Exhibit PL to the police station. Assistant Sub Inspector (ASI, for short) Ajmer Singh (PW10), the investigating officer reached the hospital. On the application, Exhibit PH/6, doctor declared the deceased fit to make a statement vide endorsement, Exhibit PH/2. Investigating Officer approached the learned area magistrate and moved application, Exhibit PH, requesting the magistrate to record statement of the deceased. Learned area magistrate (PW8, Ms. Kanchan Nariala) reached the hospital and recorded statement, Exhibit PJ, of the deceased after she was declared fit to make a statement vide endorsement, Exhibit PH/3. The deceased revealed in her statement that the appellant used to beat her after taking liquor and on the day of occurrence also he had beaten her whereupon she poured kerosene over her body and set herself ablaze. The deceased, ultimately succumbed to the burn injuries on July 30, 2001 and FIR, Exhibit PR came to be recorded in the matter. Investigating officer prepared inquest report, Exhibit PS, got dead body of the deceased subjected to autopsy, prepared site plan, Exhibit PU, of the place of occurrence, recorded statements of witnesses, recovered the container, Exhibit P1, and arrested the appellant.

(3.) On conclusion of investigation a report in terms of sub-section (2) of Section 173 of the Criminal Procedure Code, 1973 (for short, the Code) was presented before the learned area magistrate. Learned Sessions Judge, having found grounds to presume commission of an offence punishable under Section 306, IPC, by the appellant, charged him for that offence. Appellant pleaded not guilty to the charge and claimed to be tried.