SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been instituted by appellants Sanjay and Sunil, against judgment dated 21.1.2019 and order dated 24.1.2019, passed by learned Additional Sessions Judge-cum-Judge Special Court for Heinous Crime against Women, Hisar, in Sessions Case No. 85-SC of 2017. They were charged with and tried for the offence punishable under Sections 302, 304-B, 328 and 498-A read with Section 34 of the Indian Penal Code. They were convicted and sentenced under Sections 302 read with Section 34 and 328 read with Section 34 IPC. They were acquitted of the charges framed against them under Sections 304-B and 498-A read with Section 34 IPC. They were convicted and sentenced under Section 302 read with Section 34 IPC to undergo life imprisonment and to pay fine of Rs.5,000/- each and in default of payment of fine, to undergo further imprisonment for a period of two months. They were also convicted and sentenced under Section 328 read with Section 34 IPC to undergo rigorous imprisonment for five years and to pay fine of Rs.2,000/- each and in default of payment of fine, to undergo further one month imprisonment. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution in a nutshell is that on 12.4.2017, a telephonic message was received in the police station regarding the admission of Anjali wife of Sanjay Sharma due to consuming of poisonous substance in General Hospital, Hisar. However, Assistant Sub-Inspector Jai Singh could not reach the hospital due to busy schedule. On 13.4.2017, a message was received to the effect that Anjali died during treatment in PGI, Agroha. Assistant Sub-Inspector Jai Singh along with EHC Subhash reached Medical College, Agroha, where Yogesh, the brother of deceased Anjali was found present. He recorded his statement to the effect that he was in the business of property dealing. Anjali was his youngest sister. The marriage of Anjali was solemnized with Sanjay, resident of village Badhawar as per Hindu rites about three years ago. At the time of marriage, sufficient dowry articles were given. From the wedlock of his sister, one daughter was born. The in-laws of his sister harassed her and gave beatings for bringing insufficient dowry. Accused Sanjay was having illicit relations with Reena wife of Sunil, brother of Sanjay. Anjali saw both of them in compromising condition. Anjali told this fact to him and other family members. On 12.4.2017 at about 5.00 P.M., Sanjay and Sunil took his sister Anjali on motorcycle no. HR-80-7386. They threw her in front of their house and fled away from the spot. She was vomiting at that time. They took her to General Hospital, Hisar, from where she was referred to PGI, Agroha. On 12.4.2017, Anjali told that she saw Reena and Sanjay in compromising position. She objected for that. Upon which, Reena, Sanjay and Sunil gave beatings to her. They took her in the fields and forcibly administered some poisonous substance to her. They caused the death of Anjali. FIR was registered. The post-mortem examination was conducted. The motorcycle was also got recovered. The investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined 16 witnesses in support of its case. The statements of the accused were also recorded under Section 313 Cr.P.C. According to them, they were falsely implicated. They were convicted and sentenced, as noticed hereinabove. Hence, the present appeal.