KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th April, 1994, passed by the Sessions Judge, Kurukshetra. By this judgment, the learned Sessions Judge has convicted the appellant for the offence under Section 302, IPC and also for the offence under Section 354, IPC. The learned Sessions Judge has awarded punishment of rigorous imprisonment for life and a fine of Rs. 5000/- (in default of payment of fine, to undergo further rigorous imprisonment for one year) for the offence under Section 302, IPC and he has awarded the punishment of rigorous imprisonment for one year and a fine of Rs. 500/- (in default of payment of fine, to undergo further rigorous imprisonment for six months) for the offence under Section 354, IPC.

(2.) A case under Sections 302/452/307/354/506, Indian Penal Code was registered against the appellant on 16th June, 1993, at PS Jhansa District Kurukshetra vide F.I.R. No. Exhibit PD/3 recorded at 6.15 p.m. on the basis of the statement of the deceased Savita daughter of Jagdish Singh, PW 15. The said statement was recorded by Jogi Ram ASI, PW 17 of 5.30 p.m. after Dr. Surinder Kumar, PW 1 Medical Officer, Primary Health Centre, village Jhansa had given a certificate that Savita was fit to make a statement and the same runs as under :

(3.) It is further the case of the prosecution that ASI Jogi Ram (PW 17) started investigation at the spot and recorded the statements of Jagdish Singh, Smt. Kela Devi, parents of the ill-fated Savita and that of Dr. Surinder Kumar. He prepared the rough site plans Exhibits PQ and PQ/1, partially burnt curtain (Exhibit P-3) and Chappals (Exhibit P4/1 and P4/2) belonging to Savita were seized by him from inside the shop of the appellant and he sealed them into a parcel. He also recorded the statements of Phool Singh, Jai Pal Singh, Rohtash and Hari Singh under Section 161, Cr. P.C. The case property was deposited with the MHC who sent the same for chemical examination.