SOHAN RAJ SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant has filed the present appeal against the judgment and order dated 2/4.11.1993 passed by Additional Sessions Judge, Faridabad vide which he was convicted under Section 306 IPC and sentenced to undergo RI for seven years.

(2.) RAJIV Lochan Jain was a resident of House No. 327, Sector 19, Faridabad, whereas Sohan Raj Sharma appellant was living in his neighbourhood in House No. 332. On 6.5.1991 at about 11.00 a.m. Rajiv Lochan Jain was standing at the gate of his house. He also went there and saw that Jyoti, Vicki and Gudiya, wife, son and daughter respectively, of Sohan Raj Sharma were vomitting. Jyoti drew the attention of Rajiv Lochan Jain by pointing towards her pillow. He found a letter lying there. Without wasting any further time, he brought his car from his house and removed Jyoti, Vicki and Gudiya to B.K. Hospital, Faridabad in his car. An information was thereafter conveyed by the hospital authorities regarding admission of the aforementioned three persons as poison cases. However, before the police could reach the hospital, Jyoti, Vicki and Gudiya died. ASI Rohtash Singh came across Rajiv Lochan Jain in the hospital and recorded his statement Ex. PL, wherein Rajiv Lochan Jain stated that Jyoti had written in the letter that the appellant used to torture her for six in many different ways and having tired of the same, she administered poison to her children and thereafter consumed poison herself. It was the appellant who compelled Jyoti to consume poison. On the basis of the aforementioned statement of Rajiv Lochan Jain, an endorsement Ex. PL/1 was made by the Police Officer and consequently FIR Ex. PL/2 was recorded in Police Station Old Faridabad, Faridabad on the same day.

(3.) THE prosecution had examined Dr. Neel Kanth Sharma as PW-1, who deposed about the post-mortem examinations conducted by him on the dead bodies of the three deceased. After perusal of the report of Forensic Science Laboratory, he gave opinion that the cause of death of all the three deceased was the consumption of organo phosphorus pesticide. Sohan Lal, Draftsman PW-2 proved scaled site plan Ex. PD prepared by him. HC Rohtash Singh PW-3 stated that photographs of the family of the accused were taken into possession vide recovery memo Ex. PE. He also proved recovery memo Ex. PF regarding the blood samples and gastric samples besides recovery memo Ex. PG in respect of marriage certificate, photo and one letter Ex. P-2. Rajiv Lochan Jain appeared as PW-4 but he did not support the case of the prosecution and was declared hostile. Smt. Shashi Dutt PW-5 testified to the effect that on 6.5.1991 at about 11.00 a.m. she came out of her house on hearing the noise of some children. She saw the children of the accused crying. She noticed some smell coming from the mouth of the two children. Many persons gathered there, including Mr. Jain and thereafter the children and Jyoti were removed to B.K. Hospital, Faridabad. Keshav Parshad PW-6 was examined by the prosecution so as to prove that in the morning of the day of the incident, the accused left the house with an attachi (suit-case) in his hand for his village and at that time he was annoyed. Further that on his coaxing and intervention, the accused left his attachi with him and went to his office in Delhi. He was supposed to depose about the consumption of poison by Jyoti due to constant harassment given by the accused but on all these points he did not support the case of the prosecution and turned hostile. John J. Lall, brother of Jyoti deceased, was examined as PW-7. He deposed that Jyoti, who had changed her name after marriage, was working as a staff nurse at Kingsway Camp in T.B. Hospital prior to her marriage. She married the accused against the wishes of her family. She used to correspond with him even after marriage. One such letter Ex. P-2 was received by him, which he produced before the police. His deceased sister gave birth to twins, one son Vicki and one daughter Gudiya @ Poonam. Till 1988, his sister and brother-in-law had normal relations. In 1989, when he came to Faridabad to see them, he found that his sister was very sad. However, he did not know if his sister had any difference with her husband. Dr. P.S. Dalal PW-8 had medico-legally examined Guidya on 6.5.1991 at 11.40 a.m. and found it to be a case of suspected poison. He, therefore, sent a Ruqa to the police. HC Parkash Chand PW-9 stated that he recorded formal FIR Ex. PL/2. ASI Rohtash Singh PW-10 was the Investigating Officer of the case and made a statement regarding the various steps taken by him while conducting the investigation. Bhagwan Dass PW-11, who was a Clerk in the office of Sub-Registrar, Mujaffarnagar proved document Ex. P-3 issued by his department in March 1983.