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2008 Supreme(SC) 610

ARIJIT PASAYAT, P.SATHASIVAM
Sohan Raj Sharma – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court upholding appellant’s conviction for offence punishable under Section 306 of the Indian Penal Code, 1860 (in short ‘IPC’) and sentence of 7 years RI.

2. Background facts in a nutshell are as follows :

First Information Report lodged by Shri Rajiv Lochan Jain (PW4) was to the effect that Jyoti (hereinafter referred to as the ‘deceased’) had written in her letter that her husband Sohan Raj Sharma the accused-appellant was torturing him for sex in many different ways, mostly pervert and tired of the same, she had poisoned her children, and had consumed poison herself. The FIR is further to the effect that appellant-Sohan Raj Sharma, because of the circumstances, had compelled Jyoti to consume poison. The first endorsement of the Investigating Officer ASI Rohtash Singh (PW10) on the statement Ex.PL of Shri Rajiv Lochan Jain (PW4) is Ex.PL/1 and it is to the effect that on his reaching B.K. Hospital Faridabad alongwith other police officials, Shri Rajiv Lochan Jain had handed him over one letter (Ex.PX ) of eight pages which was taken into p

















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