KAPIL DEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 17.12.2010 passed by the trial Court convicting the appellant/accused under Section 307 of the Indian Penal Code (in short 'IPC') and the order of sentence dated 18.12.2010 sentencing the appellant to undergo rigorous imprisonment for a period of 06 years and to pay a fine of Rs.5,000/-.

(2.) The present appeal is being pursued by the legal aid counsel appointed by the High Court Legal Services Committee. The appeal was admitted on 25.01.2012 and recovery of fine was stayed. Later on, vide order dated 20.03.2012, the sentence of the appellant was suspended.

(3.) Brief facts of the case are that on 16.06.2009, one Satish Kumar informed the police post that his tenant Kapil Dev has cut the neck of his wife namely Bharti Devi with a knife near Katana Sewarage Drain and she is admitted in PGIMS, Rohtak. On receiving the said message, ASI Mohinder Singh along with co-officials reached PGIMS, Rohtak and after obtaining the opinion of the doctor recorded the statement of injured - Bharti Devi in which she alleged that she is a household lady and on 15.06.2009, it was birthday of her son namely Gaurav aged 06 years and in the evening, she along with her husband celebrated the birthday of her son happily in the rented house and all the neighbours were called in that celebration and all the neighbours went back to their house after celebration. Thereafter, her husband asked her that they are already having 03 children namely Sonu aged 12 years, Sourav aged 08 years and Gaurav aged 06 years and since Bharti Devi was pregnant for 02 months, he did not want more children and asked her to accompany him for abortion and to consult a Dai i.e. midwife. On this, her husband took her on a bicycle and when they reached near the Sewarage drain on the backside of the tomb near Kabul Bagh, it was dark, the appellant asked her to hold the bicycle on the pretext of meeting the call of nature, it was about 09:30 PM. She caught hold the handle of the bicycle with both hands and in the meantime, her husband took out a knife and caused injuries on her neck and when she protested, her husband stated that she will be done to death. On this, she caught the knife with both of her hands, as a result of which, she sustained injuries on her fingers and neck. When she fell down, her husband presumed her dead and pushed her in the drain and ran away. Thereafter, she came out from the drain in injured condition and went to her rented house where Satish Kumar, owner of the house met and she narrated the entire story to him.