JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAI Singh son of Balwant Singh resident of village Gheer has filed the present criminal appeal and it has been directed against the judgment dated 1.3.1997 and order dated 3.3.1997 passed by the court of Additional Sessions Judge, Karnal who convicted the appellant under Section 306 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of four years and to pay fine of Rs. 1000/-. In default of payment of fine, he was further sentenced to undergo rigours imprisonment for three months. The trial Court further observed that the fine if realised shall be paid to Gurmej Singh son of deceased Surjit Kaur.

(2.) BRIEF facts of the case are that Smt. Surjit Kaur was married to Jiwan Singh who during the days of occurrence used to work in Rajasthan while Surjit Kaur alongwith her children used to reside at village Gheer. A room in the house of Jiwan Singh was let out to appellant in order to run his business of tailoring. Getting the advantage of the absence of Shri Jiwan Singh, the appellant developed illicit relations with Smt. Surjit Kaur deceased.

(3.) THE story of the prosecution further goes that the appellant was also admitted in the hospital on 18.7.1992 and he was also medically examined. His blood sample was taken for examination but no poison was found. On 21.7.1992, the husband of Surjit Kaur came from Rajasthan and he made a statement before the police on the basis of which First Information Report was recorded by S.I. Ragbir Singh. ASI Sitar Sigh conducted the investigation. On 21.7.1992, he visited the place of occurrence and prepared rough site plan and collected inquest proceedings from Head Constable Azad Singh. After recording statements of the witnesses, Investigating Agency came to the conclusion that the appellant had abetted Smt. Surjit Kaur to commit suicide. On completion of the investigation of the case, the appellant was challaned under Section 306 I.P.C. in the court of the Illaqa Magistrate who supplied copy of the documents to the accused free of costs as required under law and vide commitment order dated 30.3.1994 committed the appellant to the court of Sessions in order to face trial under Section 306 I.P.C.