JAIPAN Vs. STATE OF HARYANA
SUPREME COURT OF INDIA
STATE OF HARYANA
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R. C. Lahoti, J. -
(1.)The accused-appellant stands convicted under S. 302, I.P.C. for murdering by poisoning his own wife Prakash Devi and sentenced to undergo imprisonment for life, also to pay a fine of Rs. 5000/- and in default to further undergo R.I. for 2 years. The case rests on circumstantial evidence.
(2.)Prakash Devi died an unnatural death on 7-8-1997 at about 4.50 p.m. About 15 years before his death she was married with the accused. The couple lived happily and peacefully for about 3-4 years. In 1986 they developed some differences leading to bickerings and strained relationship in marriage. The appellant was serving as a school teacher. It is alleged that he needed some money to construct a house and Sheotaj, P.W. 4 the father of Prakash Devi employed as Sub-Inspector of Police, had obliged the son-in-law by giving a sum of Rs. 50,000/- of his own and another sum of Rs. 30,000/- through his son. This obligation too failed to restore matrimonial harmony in the couple. The wife initiated proceedings for recovery of maintenance under S. 125, Cr. P.C. while the husband filed a suit seeking dissolution of marriage by decree of divorce. On 14-3-1997 the husband, i.e., the accused-appellant lost in his suit. He preferred an appeal in the High Court. On 16-7-1997 the matter was compromised with the intervention of elders of the village. As per settlement the wife was to join the husband which she failed to do.
(3.)The prosecution further alleges that some 3 or 4 days prior to the death of Prakash Devi her brother Virender Singh had come to Narnaul where the accused met him and directed him to send Prakash Devi to join with him.
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