PARAMVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dtd. 21/3/2013 passed by the Court of learned Additional Sessions Judge, Special Court, Sonipat vide which accused Paramvir, Sudha, Yudhvir and Bhagwati @ Bhagwanti had been convicted for offence under Ss. 302 read with Sec. 34 IPC and order dtd. 22/3/2013 vide which they were sentenced as follows: Under Sec. Sentence Awarded 302 read with Sec. 34 IPC Imprisonment for life and to pay a fine of Rs.5,000.00 and in default thereof, to further undergo simple imprisonment for a period of six months. However, learned Additional Sessions Judge, Sonipat acquitted co-accused Aruna.

(2.) The accused-convicts - Paramvir, Yudhvir, Sudha and Bhagwati @ Bhagwanti, who are appellants before this Court pray that the appeal be accepted, the impugned judgment of conviction and order of sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the facts of the case as per prosecution version are that on 22/10/2009, a telephonic information was sent from Police Post, PGIMS, Rohtak to police post located in that premises regarding admission of one Poonam wife of Paramvir in the said medical institute as a case of consumption of some poisonous substance; that from there police of police station having jurisdiction was intimated; that HC Jaljit from the said police station proceeded towards PGIMS, Rohtak but could not reach there on account of non-availability of conveyance; that on the next day in the morning, SI Chandergupt went to PGIMS, Rohtak, obtained medical report and ruqa from the police post located in that premises; thereafter he obtained opinion of the attending doctor regarding fitness of the victim Poonam to make statement, however, the doctor declared her unfit to do so; on that very day at about 2:40 p.m., a V.T. message was received in Police Station Sadar, Gohana that Poonam had expired, therefore, ASI Sukhvinder Singh went to PGI MS, Rohtak and he came across the complainant Ramesh Kumar son of Gopi Ram, a brother of the deceased, who got his statement recorded with the said police officer in which he stated that Poonam was married with Paramvir on 6/12/2000 and the couple was blessed with two daughters and a son. Inter alia, the complainant stated that Paramvir was having illicit relations with his sister-in-law(Bhabhi) Sudha to which Poonam used to object and for that reason she would be harassed and tortured by her mother-in-law Bhagwati, brother-in-law Yudhvir, sister-in-law Sudha (Bhabhi) and Babli (NANAD); that they would give beatings to her even; that on 21/10/2009 all the accused had given beatings to Poonam at village Bilbilan; though Babli, a sister-in- law (NANAD) of deceased was married at Gurgaon but she used to visit her parental home frequently and to instigate her family members to beat up the deceased. The complainant further stated that on coming to know that his sister Poonam had been given beatings by the accused, he went to her matrimonial home and found accused Paramvir, Poonam deceased besides Bhagwati accused to be present there; that in the meanwhile accused Sudha, Yudhvir and Babli also came there; the complainant counseled them and they assured him of their good behavior with the deceased in future, therefore, the complainant returned home; on 22/10/2009, all the accused forcibly administered celphos tablets to Poonam by threatening her; the accused then telephonically informed brother of complainant namely Raju about serious condition of the deceased at which they rushed to PGIMS, Rohtak, where the deceased disclosed about those facts to them; that Poonam expired on 23/10/2009.