STATE OF HARYANA Vs. DEVINDER

JUDGEMENT

(1.) THE State of Haryana has filed the present appeal to challenge the judgment of acquittal of the respondent of the charge framed against him passed by the Sessions Judge, Gurgaon on 22.12.1997.

(2.) BRIEFLY stated, the facts of the prosecution case as brought out in the testimony of its witnesses are that the respondent was living with his wife Hiramani and children in House No. 155, Vishnu Garden, Gurgaon, which had been constructed by him about 5/6 years ago. Being employed in Delhi, he used to commute daily to his place of work, probably, on account of the fact that he suspected the fidelity of his wife. Invariably after returning from his place of work, he would not only enquire from his wife as to how many husbands she had but also would beat her. On account of this Raj Kumar brother, Ram Phal, father and Imrat mother of Hiramani had gone to the house of Devinder and made efforts to convince him that his apprehensions were ill-founded. After giving them their advice, they had returned to their residences.

(3.) LATER in the day, when Pinki Lata was proceeding to Police Station to lodge the report, she met ASI Sumer Singh PW-9 in Rajindra Park and narrated her version to him on the basis whereof formal FIR Ex. PW/1 was recorded under Section 306 of the Indian Penal Code.