RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment dated 13.8.2009 passed by the then learned Sessions Judge, Karnal vide which appellant -Ramesh has been held guilty and convicted for the offence punishable under Sections 302 and 309 of the Indian Penal Code (hereinafter called 'IPC') and the order of sentence dated 19.8.2000 vide which appellant has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/ -. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for a period of three years for the offence punishable under section 302 IPC. He was further sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.500/ -. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for15 days for the offence punishable under section 309 IPC.

(2.) THE sequence of events leading to this prosecution can be summed as under:

(3.) FSL team was summoned at the spot and the scene of crime was preserved. Shri Chander Shekhar SSA of FSL and Raj Kumar, Photographer had reached the scene of occurrence after sometime and inspected the scene of crime. The photographer also clicked the snaps of the scene of crime. ASI Jodha Singh prepared the inquest report, Ex.PB, on the dead body of Kanta. Thereafter, investigation was taken over by PW17 -S.I. Subhash Chander, the then SHO, Police Station Kunjpura. The Investigating Officer lifted the blood stained swab in cotton, blood from the floor in a match box, vomiting material, one 'Chunni' from the cot of deceased, curd lying on an iron box in a vial, one shirt from the cot of deceased, some tablets and one white colour substance lying on iron box, a piece taken from the mattress lying on the cot of deceased duly blood stained, some omelette lying on iron box, one 'biri', one bundle , one match box, lying near the cot of deceased, one empty box of mortien coil, two shaving blades one from the floor and another from the iron box, one pair of ladies 'chappal', one pencil and one ball pen from the cot of the deceased, one iron 'khurpi' and one cotton swab after wetting from the water from the water in the bucket, lying near the cot of deceased, which were sealed in separate parcels and were taken into possession vide recovery memo Ex.PM. The dead body was sent to the General Hospital, Karnal for post mortem examination. Appellant Ramesh was admitted in P, Kunjpura from there he was referred to General Hospital, Karnal. After the post mortem examination, the belongings of the deceased contained in one sealed parcel along with the viscera of the deceased were taken into possession by the Investigating Officer.