JAI PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is preferred against the judgment- of the Additional Sessions Judge, Bhiwani, convicting the appellant Jai Prakash under Section 306 of the IPC and imposing sentence of five years rigorous imprisonment. The appellant along with his brother and mother was prosecuted for an offence under Section 302 IPC and in the alternative under Section 306 IPC.

(2.) According to the case of the prosecution, the appellant married Bimla@ Papli, daughter of Sat Narain. The wife of the accused-appellant committed suicide on 26.4.1985 by jumping into a well situated in village Jui Khurd. Father of the victim girl, Sat Narain, lodged report to the police on 27.4.1985. In that report, it was alleged that the accused used to harass his wife Bimla on the ground that she did not bring sufficient dowry and that she complained to her parents about the ill- treatment meted out to her by the husband and the other accused, whenever she visited her parental home. Thereafter, she was taken to her marital home and suddenly on 26.4.1985, complainant received a letter stating that Bimla was seriously ill. Thereupon, de facto complainant Sat Narain and Pushkar Duu, his wifeTs cousin, went to the village and found the dead body of Bimla lying near the well. According to him, his daughter had been killed by the accused and had been thrown in the well. On the basis of the said complaint, police registered a case. The accused also gave a statement to the police alleging that his wife Bimla committed suicide by jumping into a well. On the basis of the complaint given by Sat Narain, the case was investigated and after completion of investigation, the police filed charge-sheet against the appellant-accused. Subsequently, the brother and mother of the accused-appellant were also added as accused. On the basis of the material placed before the Chief Judicial Magistrate, Bhiwani, committed the case to the Court of Sessions for trial as the offence is alleged to have been committed by the accused and tried by the Additional Sessions Judge, Bhiwani. He framed charges against the accused under Section 302 IPC and in the alternative under Section 306 IPC. In order to prove the guilt of the accused, the prosecution examined 10 witnesses and marked the documents.

(3.) In defence, the accused examined two witnesses. On consideration of the evidence on record, the learned Additional Sessions Judge acquitted all the accused for the offence under Section 302 IPC. He convicted the accused appellant for the offence under Section 306 IPC and acquitted the other accused namely Mahabir, brother and Smt. Sunder, mother of the appellant for the offence under Section 306 IPC.