SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4.5.2010 rendered by learned Additional Sessions Judge, Hisar whereby the appellant-accused was convicted for committing offence punishable under Sections 449, 451, 354 and 302/34 of the Indian Penal Code (hereinafter mentioned as the IPC). Vide order on sentence dated 7.5.2010, the accusedappellant Sandeep was sentenced to undergo life imprisonment and fine of Rs.10,000/-, in default of payment of fine to undergo further rigorous imprisonment for six months, for committing offence punishable under Section 302/34 IPC; to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5,000/- and in default of payment of fine to undergo rigorous imprisonment for three months for committing offence punishable under Section 449/34 IPC; to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.2,000/- and in default of payment of fine to undergo RI for one month for committing offence under Section 451 IPC, for offence under Section 354 IPC, he was sentenced to undergo rigorous imprisonment for one year and fine of Rs.2,000/-, in default of payment of fine to undergo RI for one month.

(2.) Briefly, prosecution case is like this: that Veena @ Parveen wife of Bittu received burn injuries and was got admitted in the hospital. In the hospital, statement of Veena was recorded by ASI Sher Singh of Police Station City Hansi. Statement of Veena is Ex.P21. It is dated 5.3.2008. She stated before the police that on the previous evening i.e. 4.3.2008 at about 8 p.m., she was all alone at her house. The electricity had gone off. Sandeep (appellant-accused) son f Krishan, her neighbour, entered her house under the influence of liquor. On finding her alone, he tried to molest her. On hearing noise of someone in the street, Sandeep climbed up the stairs of the house and then jumped in the adjoining house on the back side. After some time, her husband came there. She disclosed the entire story to him. Her husband told her to take action in the matter on the next morning as it was dark at that time. The following morning, her husband had gone to the house of Sandeep in order to lodge protect for what had happened the previous evening. At this, Sandeep, his mother Nirmal @ Guddi, sisters Dhona and Mohni got enraged and said that he was levelling false allegations against them as such they will teach them a lesson.

(3.) At about 11.30 a.m./12 noon, she was present at her house all alone. Her husband had gone out for doing labour work. Sandeep, Nirmala @ Guddi, Dhona and Mohni entered into her house and started hurling filthy abuses. Nirmala remarked that Veena had levelled false allegations against her son, as such she should not be spared. All the four assailants had taken her to the last room of her house and gave her beating. Sandeep, lifted a canny containing kerosene oil from her house. Dhona and Mohni caught hold of her whereas Sandeep poured kerosene oil on her and thereafter Nirmala lit matchstick and set her on fire. on raising her alarm, her father in law Kishori Lal and Jeth Ashok reached there. On seeing them, all the four assailants fled away after giving push to them. She was taken to Govt. Hospital, Hansi, from where the doctor referred her to PGIMS, Rohtak as her condition was serious. She was then taken to PGIMS, Rohtak. ASI Sher Singh recorded the aforementioned statement of Veena after obtaining opinion of the doctor by moving application before him, who opined that Veena was fit to make statement. On this statement, initially case under Section 307, 354, 452 and 34 IPC was registered. Investigations were conducted; statements of witnesses were recorded; spot was inspected.