SITA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 31.07.2009/04.08.2009 rendered by the Additional Sessions Judge, Fast Track Court, Gurgaon in Sessions Case No.109 of 2007 whereby the appellant, who was charged with and tried for offence punishable under Section 302 read with Section 34 of the Indian Penal Code (in short 'the IPC ') has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo further RI for two years.

(2.) The case of the prosecution in a nutshell is that on 20.06.2007 Inspector Sunil Kumar of P.S. Sector 5, Gurgaon received information regarding a murder being committed in village Gurgaon. The inspector along with other police officials reached the spot where they met Radha wife of Kanwaljeet Singh resident of Palasali, PS Tijara now resident of Najafgarh Delhi who got recorded her statement Ex. PD to the effect that they had been residing at Najafgarh as tenants for about last 15 years. For the last one year her sister Sita wife of Pujari also started living there. Her sister and her brother-in-law Pujari (her sister 's husband) wanted that the marriage of her daughter Soni aged about 20 years be performed with their son Vicky. But she and her husband refused. Then Sita, Pujari and their son got annoyed with them. She performed the marriage of her daughter somewhere else upon which they got enraged and even gave beatings to her son and her husband and even threatened to kill them. The family of Pujari started living at Gurgaon and whenever the complainant and her family came to Gurgaon Pujari and his family used to threaten them. On 20.06.2007 during the day, the complainant, her husband Kanwaljeet and their grandson aged about 5 years came to Gurgaon to meet the mother of the complainant. At about 7.30/8.00 PM they were all sitting after taking their meals. All of a sudden Sita, Pujari, Vicky and one Attar Singh son of Siri Ram came. They started abusing the complainant and her family. They caught hold of Kanwaljeet. Sita gave blows with iron pipe on his head and feet. Vicky gave knife blows on his chest, head, hands and feet. When the complainant ran to rescue her husband, Sita inflicted blows with iron pipe on her. The husband of the complainant died due to the injuries sustained by him. The accused then fled away. On her statement FIR u/s 302/ 34 IPC was registered. Police visited the spot. Site plan was prepared. The body was sent for post mortem examination. Inquest proceedings were conducted. Accused Sita Devi was arrested. She suffered disclosure statement and got recovered the iron pipe. The other accused could not be arrested. On completion of investigation the challan was put up against Sita Devi.

(3.) The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded. She denied the allegations levelled against her and pleaded innocence. She stated that the proposal of the marriage as alleged by the prosecution was absolutely wrong and false. She stated that Kanwaljeet and Pujari were inimical to each other from the very beginning. They both belonged to U.P. She stated that she had no connection with Pujari. A divorce had taken place between them about 18 years ago. In her defence, she examined DW1 Smt. Prem wife of Vicky and DW2 Godawari.