KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Court of learned Sessions Judge, Bhiwani, vide judgment dated March 03, 2003/order dated March 06, 2003, having convicted and sentenced him to imprisonment for life and a fine amounting to Rs. 2000/ - and in default of payment of fine to further rigorous imprisonment for six months under Sec. 302 of the Indian Penal Code, 1860 (here -in -after referred to as 'IPC') for having committed murder of his wife, Guddi, aged about 25 years, convict Krishan (here -in -after referred to as 'the appellant') has brought this appeal to challenge the impugned judgment/order and to claim his acquittal.

(2.) Put as concisely as one may, prosecution story suggests that Jagan Singh (PW6) (here -in -after referred to as 'the complainant') had two daughters. His elder daughter, namely Guddi (the deceased), was married to the appellant somewhere in the year 1994, and the younger, namely Suman, was married to Vijender aka Situ, appellant's younger brother. Vijender aka Situ unfortunately died approximately two years before the occurrence and the complainant settled her marriage with Rajesh of Dhani Bhalot. December 22, 1999 was fixed the date for her marriage. Appellant proclaimed that he would not allow this marriage to take place and, instead, would take Suman along. Complainant, however, did not agree.

(3.) At or around 10/10.30 a.m. on December 13, 1999, when the complainant was away to Bhandwa, appellant came to complainant's house and told his mother Ved Kaur (PW9) that he had killed the deceased before coming to their house. Complainant's sisters -in -law, namely Murti Devi and Bimla questioned the appellant (about killing of the deceased) whereupon appellant attacked them with a knife. He, however, was overpowered and handed over to the police of Police Station, Badhra by Shish Ram (PW7). On complainant's return at or around 03.00 p.m. Ved Kaur (PW9) narrated the entire story before him and Shish Ram (PW7) revealed that when taken to Police Station, Badhra appellant was carrying a small box containing Celphos tablets and a knife -like sharp edged weapon which were recovered by the police. After admitting Murti Devi in Gopi Hospital, complainant, accompanied by a few others, went to village Jhojhu Khurd (matrimonial home of the deceased) and thence to Police Station, Dadri and narrated the whole sequence of events before Sub Inspector Mahender Singh (here -in -after referred to as 'the Investigating Officer') which recorded as First Information Report (for short, 'FIR') (Exhibit PB).