- (1.) APPELLANT Kanwal Singh, Anand Singh, Jaibeer, Bhateri alias Bhattar and Reena were charged on the allegations that on 10.9.2003 in furtherance of their common intention, they forcibly administered poison to Smt. Sunita Devi, who died on 11.9.2003 because of the poison so administered. Anand Singh was husband of deceased-Sunita Devi, Kanwal Singh and Bhateri alias Bhattar were her father-in-law and mother-in-law respectively, whereas Jaibeer and Reena were her brother-in-law (Devar) and brother-in-law's wife (Devrani).
(2.) AT the conclusion of the trial, all the five appellants were held guilty under Section 302/149 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- each by learned Additional Sessions Judge, Sonepat vide judgment dated 20.9.2004 and order dated 30.9.2004. In default of payment of fine, the appellants were directed to undergo further RI for a period of six months each. Deceased-Sunita Devi was married to Anand Singh in the year 2001. No child was born from this wed-lock. On 10.9.2003 Ruqa Ex. PA prepared at 2.20 p.m. was received in Police Station Mohana from Civil Hospital, Gohana, wherein it was mentioned that Sunita w/o Anand had been referred to PGIMS, Rohtak. Further that no MLR was prepared as her general condition was serious. Police was requested to take necessary action. Upon receipt of the said Ruqa, ASI Sitar Singh went to PGIMS, Rohtak where he moved application Ex. PB on 10.9.2003 seeking an opinion from the Medical Officer as to whether Smt. Sunita was fit to make a statement. On enquiry, it was found that Sunita was not admitted in PGIMS, Rohtak. Accordingly, an endorsement Ex. PC was made on 10.9.2003 at 7.30 p.m. by the hospital authorities to the effect that the Sunita was not admitted there from 2.00 p.m. to 7.30 p.m. Said ASI came back to General Hospital, Sonepat and submitted application Ex. PD on 11.9.2003 to find out as to whether Sunita, who was admitted there was fit to make a statement. Doctor concerned gave an opinion Ex. PD/1 on 11.9.2003 at 7.30 a.m. to the effect that she was fit to make statement. After obtaining the said opinion that Smt. Sunita was fit to make statement, ASI Sitar Singh presented an application Ex. PK on the same day before learned Chief Judicial Magistrate, Sonepat with a request for recording the statement of Sunita Devi. Shri Pardeep Kumar, Chief Judicial Magistrate made endorsement Ex. PK/1 on the afore-mentioned application that an application had been presented before him at 9.00 a.m. at his residence for recording the statement of Sunita Devi and he was proceeding to Civil Hospital for the said purpose. On reaching Civil Hospital, Sonepat, the Chief Judicial Magistrate sought an opinion from Dr. Pushpa Punia vide Ex. PK/2 at 10.15 a.m. on 11.9.2003 as to whether patient- Sunita, who was lying on bed No. 3 in emergency ward was fit to give a statement or not. Dr. Pushpa Punia accordingly gave a certificate Ex. PK/3 at 10.25 a.m. that the patient was fit to make statement. She also mentioned that she was semi conscious but pulse was not palpable while blood pressure was unrecordable. However, it was stated that patient was fit to make statement. After obtaining the said opinion, Shri Pardeep Kumar, Chief Judicial Magistrate recorded statement of Smt. Sunita Devi Ex. PK/4, wherein she stated that she got married in the year 2001. After 2/4 months of the marriage, a quarrel had taken place. Her husband, Anand Singh, administered her a tablet used for storing wheat. The tablet was given to her after mixing it with water. Her husband administered the same to her forcibly. At that time her father-in-law, mother-in-law, Devar and Devrani were present besides her husband. She again reiterated that it was her husband who administered her the tablet, whereas the others nabbed her. According to her, all of them were responsible. She further stated that her Devrani was sleeping and when her mother-in-law called her, she did not get up. When Smt. Sunita woke her up, a quarrel ensued because her Devrani was telling her that she did not wake her up earlier. On that account, the victim was administered poison.
(3.) AFTER recording the said statement Ex. PK/4, Shri Pardeep Kumar, Chief Judicial Magistrate read it over to the victim, who accepted the same to be correct. The victim put her signatures on it in English. Chief Judicial Magistrate also signed the same. A certificate Ex. PK/5, was thereafter, given by Chief Judicial Magistrate that Sunita Devi made the statement voluntarily and he recorded the same facts, which were stated by her. The statement contained true facts of her statement. Dr. Pushpa Punia, Medical Officer also gave a certificate Ex. PK/6 that during making of her statement, the victim remained fit.;