SUDESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant, namely, Sudesh alongwith Saroj and Jitender was tried for committing offences punishable under Sections 307/324/326 read with Section 34 IPC. Vide judgment and order dated 27.2.2006/1.3.2006, learned Additional Sessions Judge, Sonepat acquitted Saroj and Jitender of the charges against them. However, the appellant was convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.2,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. He was further convicted under Section 326 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months. He was also convicted under Section 324 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- and in default of payment of fine, to undergo rigorous imprisonment for three months. All the substantive sentences were ordered to run concurrently. The period of imprisonment during investigation or trial of the case was ordered to be set off against the substantive sentences awarded to her.

(2.) Aggrieved of her conviction and sentence, the appellant filed the present appeal, which was admitted on 17.3.2006. Subsequently, vide order dated 20.4.2006, the Court suspended her sentence of imprisonment during the pendency of the appeal.

(3.) According to the prosecution, Smt. Sumitra, mother of injured Azad made a statement before ASI Surat Singh at CHC Gohana, wherein, she stated that her son Azad was married with the appellant 8/9 years ago. Azad alongwith his family was residing separately from the complainant for the last 4/5 years. There used to remain differences between her son Azad and daughter-in-law Sudesh as there was doubt regarding character of Sudesh, who used to leave the house and come back on her own. Four or five days prior to the occurrence, Sudesh was left at village Chhetera by her brothers, who told her that in case Azad asked her for anything she should kill him. Smt. Sumitra further narrated that on that day, i.e. 18.8.2003, her nephew Surjit had come to see her. At about 12.30 p.m., she alongwith Surjit went to the house of Azad. The door was closed. Voices of "Mar Dia, Mar Dia" was coming from inside. Through the crevice of the door, Smt. Sumitra peeped inside and saw appellant holding a kulhari in her hand, who inflicted two blows with the same on the head of Azad. She continued to cause more injuries. Smt. Sumitra and her nephew pushed the door open at which appellant Sudesh came out with kulhari (axe) and fled away. Smt. Sumitra and Surjit went inside and saw that Azad was lying on the cot and blood was oozing from his head and neck. He was, thereafter, shifted to Civil Hospital, Gohana. According to the complainant, Sudesh in conspiracy with her brothers and sisters had caused injuries to Azad with an intention to kill him.