KASHMIRI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed against the judgment dated 8.2.2010 passed by the then learned Sessions Judge, Fatehabad vide which appellant Kashmiri Lal has been held guilty and convicted for the offence punishable under Section 304 -B of Indian Penal Code (hereinafter referred to as "IPC") and the order on the quantum of sentence dated 9.2.2010, vide which he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ -. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of 3 1/2 years.

(2.) THE brief facts of the prosecution case are that appellant Kashmiri Lal, the husband of deceased Suman, on 13.11.2008 made the statement Ex. P1 to the police alleging therein that on yesterday evening, after taking their food, he and his wife Suman went to sleep on separate cots. At about 4.00 A.M. when he heard the noise of weeping of his son Avtar, he woke up and found that his wife was lying under the cot in unconscious condition. He got his parents and neighbourers woke up. Dr. Vinod was called from the village. He examined her and declared that she had died. On the statement of appellant Kashmiri Lal Ex. P1, PW.1 Assistant Sub Inspector Randhir Singh made his endorsement Ex. P2 and sent the same to the Police Station on the basis of which DDR No. 76 dated 13.11.2008 was recorded. The copy thereof is Ex. P3. Thereafter, Assistant Sub Inspector Randhir Singh carried out the inquest proceedings and prepared the inquest report Ex. P4. He moved an application to the Medical Officer, Government Hospital, Fatehabad for conducting the post mortem examination on the dead body of deceased Suman. Upon his application, the doctor conducted the post mortem examination on the dead body of deceased Suman. After conducting the post mortem examination, the dead body of Suman was handed over to her father Madan Lal vide memo Ex. P6.

(3.) PW .7 Sub Inspector Yogesh Kumar inspected the spot and prepared the rough site plan Ex. P17. He also recorded the statements of the witnesses. He arrested appellant Kashmiri Lal and his mother Krishna Devi. On interrogation, the appellant suffered the disclosure statement Ex. P7. On completion of all the formalities of investigation, the report under Section 173 Cr.P.C. was presented in the Court against appellant Kashmiri Lal and his mother Krishna Devi. However, accused Banto could not be arrested.