SHAMSHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment dated 13.10.2010 vide which appellant -Shamsher was held guilty and convicted for the offences punishable under Sections 498 -A and 304 -B of the Indian Penal Code (for short the 'IPC') and the order of sentence dated 15.10.2010 vide which the appellant was sentenced to undergo rigorous imprisonment for a period of 10 years for the offence punishable under Section 304 -B IPC. He was further sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 1,000/ - for the offence punishable under Section 498 -A IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of 3 months. Both the sentences were ordered to run concurrently.

(2.) THE sequence of the events giving rise to the prosecution can be summed up as under: - -

(3.) THE further investigation was conducted by PW -13 SI Mohinder Singh. Hansira succumbed to the burn injuries on 5.9.2009. SI Mohinder Singh prepared the inquest proceedings and sent the dead body for the postmortem examination. That on 22.1.2010, PW -11 ASI Khem Raj on the basis of secret information arrested appellant -Shamsher and Rashid and on interrogation, they suffered the disclosure statements. On completion of the investigation, report under Section 173 Cr.P.C was presented against the present appellant and his uncle Rashid. Co -accused Hamid, Khalid and Hasina could not be arrested.