SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dtd. 5/2/2014 and order dtd. 7/2/2014 rendered by learned Additional Sessions Judge, Bhiwani, in Sessions Case No. 57 of 2012, whereby accused Satbir was charged with and tried for the offence punishable under Ss. 304-B read with Sec. 34 IPC and alternate charge under Sec. 302 IPC, along with co-accused Bhim Singh and Roshni. Appellant Satbir was convicted and sentenced for the commission of offence punishable under Sec. 302 IPC to undergo rigorous imprisonment for life and to pay fine of Rs.20,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for three months. Co-accused Bhim Singh and Roshni were acquitted of the charges framed against them.

(2.) The prosecution story is that on 13/7/2012, a telephonic message was received from General Hospital, Bhiwani, at Police Post, Jain Chowk, Bhiwani, intimating that Saroj wife of Satbir, resident of Bank Colony, Bhiwani, was admitted in General Hospital, Bhiwani with burn injuries. She was referred to PGIMS, Rohtak. On receiving information, ASI Ram Kishan along with EHC Mahender Singh proceeded for General Hospital, Bhiwani. They obtained ruqqa and MLR and reached PGIMS, Rohtak. Bimla wife of Sukhbir was found present near the dead-body of Saroj. When she was asked to make statement, she told that her husband was serving in Army. He had left after availing leave. On 14/7/2012, Sukhbir husband of Bimla and other family members were found present at PGIMS, Rohtak. Bimla got the statement recorded to the effect that she was resident of village Dang Kalan. Her husband was serving in Indian Army. Her sister-in-law (nanad) Saroj was married to Satbir son of Chander, resident of village Kuchrana Kalan, District Jind. Her sister-in-law was residing in Bank Colony. She was tortured by her husband Satbir, Bhim Singh brother of Satbir, Bittu son of Bhim Singh and Roshni wife of Bhim Singh for bringing insufficient dowry. They had tried to persuade them to mend their ways but all in vain. On 13/7/2012 a telephonic message was received by her that Saroj was burnt after pouring kerosene oil on her. FIR was registered. Investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statements of the accused were also recorded under Sec. 313 Cr.P.C. They denied the case of the prosecution. The accused examined three witnesses in defence. Co-accused Bhim Singh and Roshni were acquitted, however, Satbir was convicted and sentenced, as noticed hereinabove. Hence, the present appeal.