PIRTHI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 09/12/4/2004 passed by the Presiding Officer, Special Court (under SC & ST Act, 1989), Kurukshetra.

(2.) The instant FIR came to be registered on 17/4/1999. The accused-appellant came to be convicted vide judgment of conviction and order of sentence dated 09/12/4/2004. The present appeal against the judgment of conviction and order of sentence was filed on 30/4/2004. The matter has come up for final hearing now after almost 26 years of the registration of the FIR.

(3.) The prosecution case in brief is that Maddi Ram, resident of Village, Jhinjarpur, Balmiki by caste, had three daughters, namely, Nikki. Sundra (since deceased) and Bimla. He had one son named Sunder Singh complainant (PW-13) of this case. Smt. Sundra (since deceased) was married with Amar Singh son of Chhotu Ram resident of Village Kangwal, Police Station Naggal. On 3/4/1999, Smt. Sundra (deceased), sister of complainant Sunder Singh (PW-13) left her the matrimonial home (from the company of her husband Amar Singh) for Kurukshetra for fetching medicines but when she did not come back home, her husband Amar Singh telephonically enquired from Sunder Singh (PW-13) as to whether she had reached her parental house as she not had not gone back to Kangwal, Sunder Singh (PW-13) replied in the negative. Thereafter, Sunder Singh and his relatives searched for Smt.Sundra (deceased) but in vain. On 7/4/1999, a Daily Diary Report No.10 (Ex.DA) was got registered in Police Station, Naggal regarding her having been turned out of the matrimonial home by her husband-Amar Singh. Then, relatives of the parental side of Smt. Sundra (deceased) searched for her. On 12/4/1999, the dead body of Smt. Sundra was recovered from Bhakhra Canal near Kirmach Syphon. In this regard, a Daily Diary Report No.8 (Ex.PN) was registered at Police Post. Jyotisar. Thereafter, SI Charan Dass (PW-15) alongwith constables Trilochan Chand and Raj Pal @ Labh Singh reached at the Syphon of Bhakhra Canal near Kirmach and completed the proceedings under Sec. 174 of the Code of Criminal Procedure (Ex.PD) of the dead body of Smt. Sundra (deceased). Thereafter, the dead body was despatched to LNJP Hospital, Kurukshetra through constables Trilochan Singh and Raj Pal @ Labh Singh Singh for post-mortem examination. On application (Ex.PA/1), the post-mortem on the dead body of Smt. Sundra was requested to be conducted by a panel of doctors consisting of Dr.Jagmal Singh (PW-1), Dr.C.R.Khatri and Dr.G.D. Mittal. Since the dead body was in advance stage of putrefaction, it was referred to PGI, Rohtak (Ex. PA). On 13/4/1999 at 10.00 A.M, vide post-mortem report (Ex.PE) the post-mortem on the deadbody of Smt. Sundra (deceased) was conducted by Dr.P.K. Paliwal (PW-6), Associate Professor. Department of Forensic Medicine, PGI (M.S.), Rohtak. He had opined that the death of Smt.Sundra in this case was because of "strangulation coupled with smothering". He had further opined that the dead-body was in advance stage of decomposition and that the death of Smt. Sundra could be possible on 3/4/1999. Requisite documents and Viscera etc. were handed over to the police. Formal FIR (Ex.PF/1) was recorded 17/4/1999 by SI Karam Singh, the then Station House Officer, Police Station, Naggal. He had recorded the statements of Smt. Angoori Devi and Kalu Ram on the same day. The Deputy Superintendent of Police, Headquarters had verified the investigations. On 18/4/1999, statements of Lilu Ram, Deep Chand, Pirthi Singh Sarpanch, Moman Ram, Ishwar Dayal were recorded by the Investigating Officer. At the instance of the Investigating officer, ASI Charan Dass (PW-15) recorded the statements of MHC Brij Bhan and Constable Raj Pal @ Labh Singh in Police Station, Naggal. Documents and viscera were taken in possession by the Investigating Officer and were deposited in the Malkhana of the Police Station, Sadar Thanesar.