S.S.DEWAN, J. - (1.) SMT . Manna appellant along with her son Suresh Kumar accused was brought to trial for the offence under Section 306, Indian Penal Code, before the Court of Session at Narnaul. Suresh Kumar was, however, acquitted of the charge. The learned Additional Sessions Judge, Narnaul, convicted Smt. Manna under Section 306, Indian Penal Code and sentenced her to two years; rigorous imprisonment and a fine of Rs. 500/- or in default to undergo further rigorous imprisonment for one month. She has challenged her conviction and sentence in this appeal.
(2.) THE prosecution case as unfold in the First Information Report and the evidence is that Sushila deceased, daughter of Birakh Bhan was married to Suresh Kumar of village Satnali. It is said that on 9th March, 1984 at about 11 a.m. Suresh Kumar went to Police Station, Satnali and made a statement which was recorded in the Daily Diary Register that at about 9 a.m., his wife Sushila had gone to take water from the Bakhtarwala well and she fell into that well and that this incident was seen by Amar Singh Thakur. The dead body of Sushila was taken out from the well. On receipt of this report, Sub Inspector Rajeshwar Kumar went to the said well, held inquest and sent the dead body of Sushila to the mortuary for autopsy. Dr. R.S. Chohan conducted autopsy on the dead body of Sushila on 9th March, 1984 at 4.15 p.m. and found seven injuries on her body as detailed in the post mortem report Ex.PC. Death was opined to be due to shock and haemorrhage as a result of multiple injuries to the lung, spleen and liver. The probable time that elapsed between injuries and death was stated to be instantaneous and between death and post mortem within 24 hours. It emerges from the evidence on record that on 28th March, 1984, Kanshi Parshad a cousin brother of Sushila made an application before the Superintendent of Police, Narnaul, alleging therein that his sister Sushila was married to Suresh Kumar and they performed her marriage by spending about Rs. 40,000/- on it and after the marriage whenever Sushila visited her parental house, she, was telling them that her in-laws used to taunt her for brining less dowry and they also used to threaten her that in case she did not bring more money like the wives of their two other sons, she would be deserted. It was further alleged in the application that the in-laws of Sushila did not send her to her parents for eight months and then her father Birakh Bhan went to the house of in-laws of Sushila to bring her but they did not allow her to leave their house. On 7th March, 1984, the younger sister of Kanshi Parshad went to the in-laws of Sushila to bring her but she was not allowed to leave their house. The sister of Kanshi Parshad then reported back that Sushila started weeping on seeing her. It was mentioned in the application that on 15th March, 1984, some persons belonging to their village informed the parents of Sushila that on the night of 8th March, 1984, she was murdered and thrown in the well. On receipt of this information, the complainant party went to Satnali and the mother-in-law of Sushila stated that they had done whatever they liked and that they (complainant party) may do whatever they liked. The application filed by Kanshi Parshad was forwarded to Sub Inspector Gurdev Singh for investigation and he submitted his report to the Senior Superintendent of Police wherein he reported that Sushila had committed suicide by jumping into the well because of the ill-treatment given by her in-law and that a case under Section 306 Indian Penal Code was made out. On receipt of the said report, formal FIR Ex. PG was recorded in the Police Station, Gurdev Singh Sub Inspector obtained the copy of the inquest report and the post-mortem report of Sushila from Sub Inspector Rajeshwar Kumar. He also prepared the visual plan Ex.PL of the place of occurrence and arrested the accused. After necessary investigation, the accused were challaned and committed.
(3.) THE prosecution in order to establish its case examined the following witnesses.;