Murder--Death by Poisoning--As per FSL report, no poison was detected in the residue of vomiting--Accused acquitted

JUDGMENT

Mr. Rajiv Sharma, J.(Oral).:- Since common questions of law and facts are involved in and CRA-D-15 of 2019, therefore, these are taken up together and being disposed of by a common judgment.

2. Murder Reference No. 1 of 2019 has been made by learned Additional Sessions Judge-cum-Special Court for Heinous Crime Against Women, Hisar, for confirmation of death sentence awarded to Ashok son of Suresh Kumar, resident of Juglan, Tehsil and District Hisar, vide judgment dated 29.11.2018 and order dated 05.12.2018, rendered in Sessions Case No. RBT/64-C dated 07.06.2017.

3. Criminal Appeal No. D-15 of 2019 has been preferred by appellant Ashok against the judgment dated 29.11.2018 and order dated 05.12.2018.

4. The appellant (convict) was charged with and tried for offences punishable under Sections 201, 302 and 506 of the Indian Penal Code (in short ‘IPC’). He was convicted and sentenced as under :-

5. The case of the prosecution, in a nutshell, is that on 14.02.2017, complainant Rohtash (PW.6) submitted an application to the police stating therein that he had performed inter-caste love marriage with deceased daughter of Suresh Kumar. It was further stated in the application that his deceased wife went to her parental home after their marriage. He left his studies and the deceased went to Jaipur for her studies. He was maintaining regular conversation with his wife on telephone. He received a call from mobile phone No. 99969-49030 on his mobile phone No. 94671-61174 on 22.01.2017 at 7.31 PM. The caller mentioned his name as Ashok. He threatened the complainant with dire consequences. Ashok was brother of the deceased. The complainant came to know the previous day that the family member of his wife (deceased) had committed murder of his wife to maintain false ego. The body was cremated in the morning. The FIR was registered. The Investigating Officer collected residue of vomiting with the help of wet cotton from the floor of the room. He also collected marks of vomiting from outside the room by scratching the cemented floor and converted the same into sealed parcel. Rough site plan was prepared. The accused made a disclosure statement. He got demarcated the place of occurrence. The investigation was completed and challan was put up after completing all the codal formalities.

6. The prosecution has examined a number of witnesses. The accused was also examined under Section 313 Cr.P.C. He denied the case of the prosecution.

7. The appellant was convicted and sentenced to death, as noticed above. Hence this appeal by him against his conviction and sentence, and the death reference by learned Additional Sessions Judge-cum-Special Court for Heinous Crime Against Women, Hisar, for confirmation of death sentence.

8. Learned counsel appearing on behalf of the State has sought confirmation of death sentence. Learned counsel appearing on behalf of the appellant (convict) has vehemently argued that the prosecution has failed to prove its case against his client.

9. We have heard learned counsel for the parties and gone through the judgment and record very carefully.

10. PW.2 Inspector Devender Singh testified that ASI Ved Parkash got conducted the polygraph test of suspected persons from Forensic Science Laboratory, Madhuban, Haryana, on 22.11.2007. The report is Ex.P1. He collected four roll number slips of deceased Kiran and the same were taken into possession vide recovery memo Ex.P2. He sent roll number slips Ex.P3 to Ex.P6, application Ex.P7 and suicide note Ex.P8 to the Forensic Science Laboratory, Madhuban, for analysis.

11. PW.4 Head Constable Ravinder Singh testified that he along with Constable Satish was associ