DEVA Vs. STATE OF HARYANA

JUDGEMENT

(1.) DEVA has been sentenced to imprisonment for life for murdering his wife Kitabo. The conviction and sentence have been passed by the learned Sessions Judge, Jind, vide his judgment dated 1-8-1987. This appeal has been directed against the said judgment. Briefly, the prosecution story is that after the death of Anguri Devi, first cousin of Kitabo and first wife of Deva accused, Deva had married Kitabo. The relations between Deva and Kitabo were strained and she was made to live with her parents. Kitabo had made an application on 11-9-89 to the Police against Deva, her husband, stating that her husband had levelled baseless allegations against her moral character and had also threatened to kill her like her cousin Anguri Devi, the first wife of Deva accused. During investigation, a compromise was allegedly arrived at.

(2.) THE mother of Deva died on 30-12-1986 and since Kitabo happened to be at her in-laws place, she complained to her brothers and sister-in-law for the illtreatment meted out to her by Deva, and requested them to take her away to her parents house. It was promised that Jai Bhagwan, her brother, would come on Sankrant day to take her to her parents house.

(3.) KITABO was then taken to the Hospital Uchana, by Mewa brother of the accused and Jai Bhagwan, her brother in a car of Zile Singh PW6. There, the Medical Officer found Kitabo dead and sent ruqqa Exhibit PE at 9.30 PM to the SHO, Police Station, Uchana, on receipt of which Inder Singh, Sub Inspector reached the hospital and recorded statement of Jai Bhagwan at 10.30 PM, and then forwarded the same to the Police Station, which formed the basis of formal FIR, Exhibit PF/1. The FIR was recorded in the police station at 10.40 PM and it reached the IIlaqa Magistrate on 13-1-1987 at 5.00 AM.