STATE OF HARYANA Vs. OM PARKASH

JUDGEMENT

(1.) - This is an appeal filed by the State of Haryana against the judgment dated 19.4.1991 passed by Additional Sessions Judge, Bhiwani acquitting the respondents Om Parkash, Hans Raj, Shanti Devi and Mansa of the offences punishable under Sections 328/302 read with Section 34 of the Indian Penal Code.

(2.) SMT . Anguri Devi, the deceased, was married with Om Parkash respondent, who is Bishnoi by caste and resident of village Lilas. She was admitted in the emergency ward of General Hospital, Hissar on 13.9.1989 at 6.00 A.M. as a case of suspected poisoning. Asha Ram, father of Anguri Devi on receiving the information came to the Hospital with his wife and reached the emergency ward where his daughter was admitted. Asha Ram suspected some foul play and moved an application before the Chief Judicial Magistrate, Hissar who directed Shri S.C. Goel, Judicial Magistrate Ist Class, Hissar to go to the Hospital and record the statement of Anguri Devi. Shri S.C. Goel (PW-5) reached the Civil Hospital, Hissar and after obtaining fitness certificate Exhibit PG regarding Anguri Devi from Dr. Aditya Kumar he recorded her statement Exhibit PR. She stated that she was married with Om Parkash about 10-12 years ago but she was sent to her husband's house only three years back. She further stated that her husband was serving in the Army. According to her statement, her in-laws used to keep her nicely but after some time they started harassing her because they did not like her. She stated that she was over-powered by her father-in-law Hans Raj, sister-in-law Mansa and husband Om Parkash who held her while her mother-in-law Smt. Shanti administered some drug to her with a view to kill her. After the administration of the drug she at once vomited and became unconscious. She did not know as to who brought her to the Hospital. The drug was administered to her in the evening of 12.9.1989. After the statement was recorded it was read over to Anguri Devi and her thumb impression was obtained in token of its correctness. Thereafter, Shri Goel made his endorsement Exhibit PR/1 and papers were returned to Chief Judicial Magistrate, Hissar vide endorsement Exhibit PR/2. The police approached the Doctor and obtained permission to record the statement of Anguri Devi. The statement of Anguri Devi was recorded by A.S.I. Ram Kumar of Police Station Siwani on the basis of which formal FIR Exhibit PHH/2 was registered on 13.9.1989 at 1.50 P.M. vide D.D.R. No. 11. The date of occurrence was noted as 12.9.1989 at 10.00 P.M. and an offence punishable under Section 328/307/34 of Indian Penal Code was registered at the police station. The special report reached to the Judicial Magistrate Ist Class, Bhiwani on 14.9.1989 at 10.05 A.M. The case was investigated by ASI Ram Kumar (PW-14). On 13.9.1989 he recorded the statements of Constables Satpal and Darshan Singh. The next day i.e. on 14.9.1989 he went to Civil Hospital, Hissar and learnt from Asha Ram that Anguri Devi had died. The hospital peon handed over ruqa of death of Anguri Devi Exhibit PLI to him. He recorded the statements of Asha Ram and Makhan and prepared inquest report Exhibit PMM in respect of dead body of Anguri Devi. The offence was altered to Section 302 of Indian Penal Code. The special report was sent to Halqa Officer and to the Court. The dead body was sent for post mortem examination. Dr. Partap Singh (PW-6) Medical Officer, General Hospital, Hissar conducted the post mortem examination on the dead body of Anguri Devi wife of Om Parkash on 14.9.1989 at 2.30 P.M. The dead body was brought by A.S.I. Raj Kumar of Police Station Siwani and was identified by Asha Ram and Makhan, father and brother respectively of the deceased. The dead body did not bear any ligature marks. It was a dead body of well-built female of the height of 5-1" wearing dark brown printed lehanga and kameej, yellowish baniyan, red chunni with red and yellow printed, 8 glass bangles in right wrist and one white metallic tabeez in waist. The rigor mortis was present on all the four limbs. Post mortem staining was present on the dependent parts, mouth was semi-open, eyes, were closed. There were no marks of external injury or violence present on the body. Brain, spinal cord, both lungs, organs of generations were healthy and congested, lyranx and trachea were congested and bloody froth was present. Both the chambers of the heart were healthy and full of blood. 10 cc of blood was taken from heart and sent to Director, F.S.L., a part both of small intestine and large intestine were taken and sent to FSL, both were congested, a part each, of liver, spleen and kidney were also sent to Director, FSL for analysis as they were found congested. Cause of death was deferred till the receipt of the report of the Chemical Examiner. After the receipt of the report of the Chemical Examiner Exhibit PFF, the cause of death was held to be organo-phophorus poisoning. On the application Exhibit PT of the police, Dr. Partap Singh gave an opinion on 12.12.1989 that all the organs of the body of the deceased where congested which was a sign of poisoning. The duration between taking of poison and death, according to the opinion of the autopsy surgeon vide endorsement Exhibit PT/2 varied from person to person and in the instant case, it was about 36 years (hours). ASI Ram Kumar took into possession viscera vide Exhibit PNN and clothes of deceased vide memo Exhibit PNN/1. He deposited the case property with MHC Narender Singh. On 16.9.1989 he arrested the accused Hans Raj, Om Parkash, Shanti and Mansa at village Lilas and made enquiries from them. Accused Om Parkash suffered disclosure statement Exhibit PQQ and on his pointing he prepared rough site plan Exhibit PQQ/1 of the place pointed out by him and recorded the statements of PWs Ram Rikh, Hari Ram and Vijay Singh HC. The draftsman, Daya Kishan (PW 7) inspected the place of occurrence and prepared site plan in this case Exhibit PU on 2.10.1989. The Investigating Officer recorded the statement of the said draftsman. The statements of Constables Hardev, Krishan and Narender Singh were recorded on 30.9.1989. After completion of the investigations, the challan was submitted against the accused under Section 173 of Code of Criminal Procedure. The case was committed to the Court of Session by the Judicial Magistrate Ist Class, Bhiwani vide order dated 15.1.1991 to stand trial under Sections 328/304/34 of Indian Penal Code. The Sessions trial was entrusted to the Additional Sessions Judge, Bhiwani and charges were framed against the accused-respondents Om Parkash, Hans Raj and Shanti Devi under Sections 328/34 of Indian Penal Code. The charges were read over and explained to the accused-respondents who pleaded not guilty and claimed to be tried.

(3.) STATEMENTS of accused under Section 313 of Code of Criminal Procedure were recorded. They denied the prosecution case and suggested their false implication. Accused Om Parkash made the following statement in answer to the question: "Anything else to say":