MEENA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant, namely, Meena Devi wife of Parvinder, resident of village Assaudha Todran, District Jhajjar, was charged for committing an offence punishable under Section 302 IPC on the allegations that on 4.12.2011 at about 2.30/3.00 p.m. and in the area of village Assaudha Todran, she committed murder of her son Harsh. Vide judgment and order dated 6/7.12.2013, learned Sessions Judge, Jhajjar, convicted her for the aforementioned offence and sentenced her to undergo imprisonment for life and to pay a fine of Rs.1,000/- and, in default of payment of fine, to undergo rigorous imprisonment for three months. The period of detention already undergone by her during the investigation and trial was ordered to be set off against the substantive sentence awarded to her.

(2.) According to the prosecution, complainant-Satbir, father-in-law of the appellant, met SI Manoj Kumar, Incharge, Police Post, Assaudha on 4.12.2011 at 7.00 p.m., and made statement Ex.P1 to the effect that he was resident of village Assaudha Todran. He had two sons and one daughter. All of them were married. Dharminder was his elder son while Parvinder was the younger. He used to reside with Parvinder, who had two children, Harsh (son) aged about 7? years and Khushi (daughter) aged about 4 years. Harsh was studying in 2nd Standard. On that day, it was a holiday, being Sunday. Harsh returned home at about 1.30 p.m., after getting his hair cut from the barber. His daughter-in-law, Meena, the present appellant, was present in the House. Harsh went to his mother, who was present on the first floor. His mother then went to gher (plot) for taking care of and feeding the animals after locking the house. About one hour later, she returned home. After unlocking the house, she entered and prepared tea. She then went to the roof to serve tea to Harsh. She saw that Harsh was unconscious and lying on the sofa. She picked him up and brought him downstairs. The appellant started proclaiming that Harsh had died. Many people from the neighbourhood reached the spot. On seeing string mark around the neck of Harsh, the complainant was of the view that Harsh had been killed by some unidentified person by putting a string around his neck and pulling the same. However, at that time, they did not have any doubt against anyone as they had no enmity with any person. He, however, requested for taking legal action in the matter.

(3.) As the statement Ex.P1 made by complainant-Satbir disclosed commission of offence under Section 302 IPC, SI Manoj Kumar, made an endorsement Ex.P17 and thereafter, sent the statement through Constable Balwinder to the Police Station for registration of the case. Accordingly, on its basis, FIR Ex.P14 came to be registered at Police Station Sadar, Bahadurgarh by ASI Krishan Kumar on 4.12.2011 at 7.30 p.m.