SALEEM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal was preferred by appellant Saleem, assailing the judgment of conviction dated 23.02.2004 and order of sentence dated 24.02.2004 recorded by learned Additional Sessions Judge, Kurukshetra, in Sessions Case No.21 of 2001 based on First Information Report No.19 dated 25.01.2001 registered at Police Station Shahbad, by virtue of which he (appellant) was convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.2000/- and in default of payment of fine to further undergo imprisonment for one month, for commission of offence punishable under Section 304 of the Indian Penal Code (for short, "I.P.C.").

(2.) The story of the prosecution as it emerges from the record was that Shakuri (since deceased) sister of complainant Akhtar Ali son of Zamil Ahmed, resident of Kotarkhana was married to Saleem (appellant) of village Dadlu and out of the said wedlock two sons and three daughters were born. In his complaint lodged with the police on 25.01.2001 complainant Akhtar Ali stated that his brother-in-law Saleem was a habitual drunkard and used to quarrel and give beatings to his sister under the influence of liquor. His sister was maintaining the children by doing labour work. A number of times his sister, after being beaten, had been sent to his house but every time he used to send her back to her matrimonial home. On 24.01.2001 he and Nazar Ali son of Mohammad Husain had gone to the house of his sister to meet her. His sister told him that her husband Saleem wanted to sell off her milch goat but she was not willing to do so and on that matter an altercation had taken place between her and her husband. At about 2:00/2:30 p.m., when he and Nazar Ali were still at the house of his sister, Saleem came home and asked Shakuri why she had not handed over the goat to the purchaser and started giving leg blows in the stomach of Shakuri and she fell unconscious. He (complainant) and Nazar Ali took Shakuri to Shahbad, but she died on the way and was brought back to village Dadlu. He left Nazar Ali near the dead body and went to village Kotarkhana to inform the family. The complainant added that his sister died due to the leg blows given in her stomach by the appellant.

(3.) On the basis of complaint of Akhtar Ali, a case under Section 304 IPC was registered and investigation commenced. Proceedings under Section 174 of the Code of Criminal Procedure (for short, "Cr.P.C.") were completed and postmortem examination of dead body of Shakuri was got conducted at L.N.J.P. Hospital, Kurukshetra. The appellant was arrested and on completion of investigation and other formalities, a final report was filed before the Court.