SATISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Three persons, namely, Satish his father Inder Singh and his mother Savitri were challaned and subjected to trial for commission of offence under Section 498A/304B/34 of the Indian Penal Code in case bearing FIR No. 112 dated 28.04.2009, registered at Police Station Agroha District Hisar. Vide judgment and order dated 23.10.2010, passed by Learned Sessions Judge, Hisar, the appellant-Satish was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- for commission of offence under Section 302 of the Indian Penal Code and in default of payment of fine, to further undergo rigorous imprisonment for six months, whereas his parents, the other two accused Inder Singh and his wife Savitri, were acquitted of the charges levelled against them. In precise, the story of the prosecution was that on 24.04.2009 at about 4.00. p.m. Shri Devi Lal, Sarpanch of village Nangthala telephonically informed the police regarding the death of Manju wife of Satish of his village. ASI Kanwar Singh along with his official companions reached village Nangthala at the house of Satish and recorded the statement of Devi Lal-Sarpanch, who stated that Manju d/o. Rohtas Kumar was married to Satish about 2 years ago and a female child was born out of their wedlock. On that day i.e. 24.04.2009 at about 2:00 p.m. he received an information that Manju had died under suspicious circumstances due to some poisonous substance or injection.

(2.) The investigation officer carried out the inquest proceedings under Section 174 Cr.P.C. in respect of the dead body. During the said proceedings, statement of Rohtas Kumar father of deceased Manju was recorded, who stated that after marriage of Manju with Satish, she was being harassed and maltreated by her husband, mother-in-law Savitri and father-in-law Inder Singh on account of demand of dowry. About 3 1/2 months prior to the occurrence, Manju had given birth to a daughter and thereafter her in-laws had started ill treating her all the more. On 27.04.2009 at about 9:00 a.m., he got a telephonic message from Manju that she was being beaten by her in-laws, upon which he alongwith with his brothers Dharampal and Rajender went to village Nangthala the same day and reached there at about 10.00. a.m. They noticed Satish and his parents hurling abuses and taunts upon Manju. When they were sitting outside the courtyard of the house of Satish, they heard cries of their daughter. They went inside and saw Manju lying on a cot being held by her mother-in-law and father-in-law and Satish giving an injection on her left arm and they watched that Manju breathed her last and died. Rohtas Kumar-Father of deceased Manju stated that his daughter had been given some poisonous injection and had been murdered by her husband and parents-in-law.

(3.) Appellant-Satish and his parents were charge-sheeted for commission of offence under Section 302 and in the alternative under Section 304-B and under Section 498-A of the Indian Penal Code.