KANWALJIT SINGH AHLUWALIA,J. - (1.) The appellant Smt. Prakash Kanwar, a lady aged 30 years at the time of trial, has been convicted for the offence under Section 302 and 328 IPC. However, Sheeshram, the co-accused of the appellant was acquitted of the charge for offence under Section 302 r/w Section 120-B and 115 IPC.
(2.) The trial court having convicted the appellant Prakash Kanwar by the impugned judgment dated 28.5.2004, vide a separate order of even date, had sentenced the appellant as under:- For offence under section 302 IPC, the appellant was sentenced to life imprisonment and pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo additional imprisonment for one year. For offence under section 328 IPC, the appellant was sentenced to seven years' R.I. and pay a fine of Rs. 2,000/-, in default of payment of fine to further undergo additional imprisonment for six months.
(3.) The appellant Prakash Kanwar, was married with the complainant, Sumer Singh (PW-2) and out of their wedlock, two sons, namely Surendra Singh, aged 12 years and Narendra Singh aged 8 years, were born. On 28.6.2003, Sumer Singh (PW-2), submitted a written report, (Exhibit P/7), on the basis of which formal FIR (Exhibit P/8) was registered for the offence under Section 328 and 302 IPC. The written report (Exhibit P/7) when translated into English, reads as under:- "To SHO, Railway Police Station, Neem Ka Thana. Sub: Registration of case for offence of murder. It is submitted that on 25.6.2003, at about 9/9:30 a.m., my wife Prakash Kanwar, left my house for going to her parental house at Khunderoth, District Alwar along with my two sons, namely Surendra Singh aged 12 years and Narendra Singh aged 8 years. I am patient of asthama. I was employed in a factory at Gurgaon. I have been turned out of the employment and from last three months, I am residing in village. My wife Prakash Kanwar is having a good character. She came to Railway Platform at Railway Station, Neem Ka Thana, along with both children. There my children had taken grapes and thereafter, some tablets of 'Churan'. Due to administration of some poisonous substance my children became unconscious. My wife had administered them poison in order to kill them. Thereafter, she had gone somewhere. I have suspicion that my wife has done this act in connivance with her paramour to get rid of two sons so that she can leave the house. On 25.6.2003, Prabhat Lal Saini, teacher of Kankar Ki Dhani, had recognised my sons Surendra Singh and Narendra Singh at the Railway Station. Both children have been his students. Prabhati Lal, teacher, came and told me that both my children are in hospital. Then, I along with Madan Singh, Lilu Singh and Ramniwas, came to the hospital. Both the children were unconscious. They were immediately sent for treatment to Jaipur. On the way, both the children died. My wife Prakash Kanwar without any permission had purchased one jeep for consideration of Rs. 45,000/- along with one Sheeshram Jat, who earlier used to have liquor vend. The said person is having illicit relation with my wife. I have a belief and suspicion that my wife and Sheeshram, in connivance have committed murder of my both the sons. My wife had eloped from the house after taking ornaments. My wife earlier also used to remain away from home for three to four days. To outsiders, she has introduced Sheeshram as her husband. Matter be got investigated and justice be done to me.";