CHHOTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed against the judgment and order dated 3.5.1993 passed by Shri K.C. Gupta, Additional Sessions Judge(I), Panipat whereby he has convicted the appellants Chhoti, Lachhmi and Mohinder Singh under Section 302/34 of Indian Penal Code and sentenced each one of them to suffer life imprisonment and to pay a fine of Rs. 200/ - each and in default of payment of fine to suffer further rigorous imprisonment for six months. Smt. Lachhmi wife of Roop Chand, resident of House No. 522, Ward No. 1, Panipat was also tried on the charge under Section 302 of Indian Penal Code read with section 109 of Indian penal Code but she was acquitted.

(2.) THE case of the prosecution, stated briefly is as under : Smt. Bimla (P.W.12) daughter of Zile Singh (P.W. 13) resident of Dipalpur was married with the appellant Mohinder Singh son of Sarupa, Jat, resident of village Beholi for the last about 9 -10 years. The Muklawa ceremony had taken place about three years after the marriage. Out of this wedlock two sons were born to Sint. Bimla, named Sandeep Kumar (aged about 4 -1/2 -5 years) and Mandeep Kumar (aged about 13 months). After few years of the marriage differences cropped up between Sint. Bimla and her husband Mohinder Singh and also with her mother -in -law Smt. Chhoti and sister -in -law Lachhmi. It is alleged that the elder son Sandeep was born at village Dipalpur at the house of the father of Smt. Bimla about 4 -1/2 years ago. After a lapse of 2 -1/4 years of the birth of the eldest son, the younger son Mandeep was also born at the house of Zile Singh, father of the informant Smt. Bimla at village Dipalpur. It is alleged that about 4 -5 months prior to 14.8.1989, when the first information report was lodged by Smt. Bimla regarding the occurrence of this case, she was preparing meals in the evening and her younger son Mandeep was playing by her side, her mother -in -law Smt. Chhoti picked up Mandeep and took him into the Kotha where her sister -in -law Smt. Lachhmi, wife of Balraj, and, her husband Mohinder Singh were present. Smt. Bimla heard cries of her son Mandeep coming from inside the Kotha and, thereafter, her mother -in -law Chhoti took Mandeep outside the house. Smt. Bimla tried to take her child but her sister -in -law and husband stopped her from taking Mandeep. After some time when Smt. Chhoti brought Mandeep back home he was having loose motions and vomitings and foul smell was coming out of his mouth. Mandeep was being taken to Samalkha by Smt. Bimla, Smt. Chhoti and Mohinder Singh when the child died on way. Smt. Bimla wept and insisted upon getting Mandeep medically examined on the suspicion that he had been administered poison but her mother -in -law and husband brought Mandeep back home forcibly. The dead body of Mandeep was forcibly snatched from Smt. Bimla after reaching the home and after giving a good beating to Smt. Bimla by her husband Mohinder Singh and her mother -in -law Smt. Chhoti, Smt. Bimla sent information regarding the death of her son to her father Zile Singh P.W. 13 at village Dipalpur. Zile Singh accompanied by Narain Singh Sarpanch P.W. 15 and some other persons came to Beholi where Smt. Bimla narrated the whole incident to them. Thereafter, Zile Singh convened a Panchayat in the village where the mother -in -law Smt. Chhoti, husband Mohinder Singh and sister -in -law Smt. Lachhmi confessed the guilt and begged apology, upon which the Panchayat hushed up the matter in order to make Smt. Bimla abad in village Beholi. It is alleged that after this incident the appellants changed their behaviour towards Smt. Bimla and she was treated nicely for few days but sometime afterwards the appellants again started quarrelling with Smt. Bimla, who about 1 -1/2 months back left village Beholi for her father's house at village Dipalpur. The appellants did not allow Smt. Bimla to take her elder son with her to village Dipalpur. On 13.8.1989 Smt. Bimla sent her brother Devinder Singh to village Beholi to bring her son Sandeep. Devinder Singh returned without bringing Sandeep with him and he told Smt. Bimla that the appellants Suit. Chhoti, Mohinder Singh and Suit. Lachhmi had refused to send Sandeep with him. Thereafter, Smt. Bimla accompanied by her father Zile Singh, Narain Singh Sarpanch, Ranbir Singh Panch, Chander Bhan son of Puran Jat and another members of the Panchayat reached village Beholi on 15.8.1989 in order to bring her son Sandeep back. Suit. Bimla on reaching village Beholi learnt about the death of her elder son Sandeep, which occurred in the night. She also learnt that her husband Mohinder Singh, appellant, had taken Sandeep to the Police Station in the morning for further necessary action. She along with her father Zile Singh and other members of the Panchayat went to the Police Station and there her statement was recorded which is Exhibit PS. The first information report was prepared on the basis of the statement of Smt. Bimla and a case under Sections 302/201/34 of Indian Penal Code was registered at 6.25 P.M. vide daily diary report No. 21. The case was investigated by   Sub Inspector Waryam Chamd (P.W. 14) S.H.O. P.S. Samalkha.

(3.) IT appears that the appellant Mohinder Singh went to Police Station Samalkha on 15.8.1989 and there he lodged a report at 7.00 A.M. furnishing information regarding the death of his son Sandeep. It was registered at Sr. No. 42 of the deaily diary report vide Exhibit PL. In this report he mentioned, inter alia, that when Sandeep Kumar was aged about 1 -1/2 years old differences cropped up between him and his wife Suit. Bimla, daughter of Zile Singh, Jat, resident of Dipalpur, District Sonepat. Smt. Bimla left his house and went to the house of her parents. On the pressure put by the relatives and brother -hood, she again came to him at Beholi, and, thereafter, the other child Mandeep Kumar was born to her. Suit. Bimla sometimes used to stay at his house and sometimes she stayed at the house of her parents due to the aforesaid differences. About 5 months before the lodging of this report the younger son Mandeep had expired all of a sudden and, thereafter, Suit. Bimla left for village Dipalpur about 1 -1/2 months ago. He mentioned that his elder son Sandeep used to stay with him at village Beholi and he used to call his grand -mother as Maan. On 14.8.1989 at about 10.00 A.M. Sandeep had gone to the field along with his grand mother Chhoti. There is a place of Sayyaid in that field and Sandeep had taken the Parshad of Sayyaid. Thereafter, he played there. At about 2.00 P.M. when he returned home along with his grand -mother Smt. Chhoti, he took half of the loaf and slept on the cot. At about 5.10 P.M. Smt. Chhoti awakened Sandeep in order to give milk after milking buffalo, but Sandeep had lost his senses. Mohinder Singh came to Samalkha for the treatment of Sandeep but he died. Sandeep was taken back home at Beholi and information was sent to his wife Bimla Devi regarding the death of Sandeep but she refused to come to village Beholi. They waited for her till 7.00 A.M. on 15.8.1989 when the said report Exhibit PL was lodged. He mentioned that his son Sandeep had died all of a sudden and prayed that no proceedings may be taken and the post -mortem may be conducted on the dead body so that there may be no suspicion upon him or his any family member, as nobody is at fault regarding the death of his son and they have got no suspicion upon anyone. This report was noted down by A.S.I. Chand Ram (P.W. 10) at Police Station Samalkha. A.S.I. Chand Ram conducted the inquest proceedings and prepared inquest report regarding the dead body of Sandeep Kumar which is Exhibit PM. He got the dead body sent for post -mortem examination to Civil Hospital Panipat and also accompanied the dead body upto Civil Hospital. He moved a formal application praying for the post -mortem examination to be conducted on the dead body and after the post -mortem was conducted the dead body was entrusted to Mohinder Singh vide receipt Exhibit PN. On his return to the Police Station he handed over the post mortem report to S.H.O. The investigation of the case was handed over to him by the A.S.I. on 22.3.1989 and on that day he took out the appellants Smt. Chhoti, Smt. Lachhmi and Mohinder Singh out of the police lock up and interrogated them in the presence of PWs. Ram Dhan and Han Singh. Mohinder Singh suffered a disclosure statement, Exhibit PQ, disclosing that he had concealed the dead body of his younger son Mandeep in the pits of the village and offered to get the dead body recovered. Statement Exhibit PO was recorded and signed by the said PWs. The appellant Smt. Chhoti was also interrogated and she suffered a disclosure statement, Exhibit PO, disclosing that she could point out the place where she had strangulated her second grand son named Sandeep. Thereafter accompained by the accused Mohinder Singh and the PWs, the A.S.I. Chand Ram was led to the place of the recovery of the dead body of Mandeep, which was recovered from there and kept into a sealed parcel vide seizure memo Exhibit PI. He was also teken to the spot pointed out by the accused Smt. Chhoti, and inspected it and prepared rough site plan Exhibit PR/1. The rough site plan Exhibit PR was prepared of the place of recovery of the dead body of Mandeep. Smt. Lachhmi wife of Roop Chand was traced out and she was produced on 23.8.1989 at the Police Station Samalkha by PW Charan Singh when she was arrested by the police formally. The Investigating   Officer Waryam Chand P.W.14 received the post - mortem report of Sandeep, which was prepared by Dr. Ajay Verma, P.W.1 who conducted the post -mortem examination on 15.8.1989 at 1.30 P.M. He prepared post -mortem report Exhibit PA, and, found antemortem injuries on the neck and in his opinion the cause of death was asphyxia due to strangulation. The Investigating Officer after recording the statement of the witnesses submitted challan against the appellants and Smt. Lachhmi Devi, wife of Roop Chand. The cases of the aforesaid accused were committed to the Court of Sessions and the learned Additional Sessions Judge, Panipat, tried the appellants on the charge under Section 302/34 of India Penal Code on two counts. They were also charged under Section 201 of Indian Penal Code as mentioned above. Smt. Lachhmi wife of Roop Chand was charged under Section 302 of Indian Penal Code read with Section 109 of Indian Penal Code.