KANWAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Kanwal Singh, Anand Singh, Jaibeer, Bhateri alias Bhattar and Reena were charged on the allegations that on 10.9.2003 in furtherance of their common intention, they forcibly administered poison to Smt. Sunita Devi, who died on 11.9.2003 because of the poison so administered. Anand Singh was husband of deceased-Sunita Devi, Kanwal Singh and Bhateri alias Bhattar were her father-in-law and mother-in-law respectively, whereas Jaibeer and Reena were her brother-in-law (Devar) and brother-in-law's wife (Devrani).

(2.) AT the conclusion of the trial, all the five appellants were held guilty under Section 302/149 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- each by learned Additional Sessions Judge, Sonepat vide judgment dated 20.9.2004 and order dated 30.9.2004. In default of payment of fine, the appellants were directed to undergo further RI for a period of six months each.

(3.) AFTER recording the said statement Ex. PK/4, Shri Pardeep Kumar, Chief Judicial Magistrate read it over to the victim, who accepted the same to be correct. The victim put her signatures on it in English. Chief Judicial Magistrate also signed the same. A certificate Ex. PK/5, was thereafter, given by Chief Judicial Magistrate that Sunita Devi made the statement voluntarily and he recorded the same facts, which were stated by her. The statement contained true facts of her statement. Dr. Pushpa Punia, Medical Officer also gave a certificate Ex. PK/6 that during making of her statement, the victim remained fit.