IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-24.02.2025 CRA-D-314-DB-2005(O&M)

Geeta ......Petitioner.

Vs.

State of Haryana ......Respondent.

CORAM:- HONB’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Amandeep Singh Manaise, Advocate, Amicus Curiae for the Petitioner.

Mr. Munish Sharma, DAG Haryana.

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JASJIT SINGH BEDI, J.

The present appeal has been filed impugning the judgment dated 22/24.03.2005 passed by Sessions Judge, Faridabad whereby the accused/petitioner was convicted/sentenced of the charges framed against her.

2. The FIR in the present case came to be registered on 26.05.2004. The judgment of conviction/sentence was passed on 22/24.03.2005 by the Sessions Judge, Faridabad. The instant appeal was filed on 27.04.2005 and have come up for final hearing now i.e. after a period of 20 years from the date of registration of the FIR.

3. Prosecution case, in brief, may be narrated as under:-

Ram Kishan since deceased of village Daultabad was married with complainant Anup alias Annu about seven years prior to the occurrence. They had no issue. The deceased had five sisters. Geeta accused, aged about 22 years, was the youngest sister of the deceased. She was unmarried. Ram Kishan deceased had fixed the marriage of Geeta with Satbir younger brother of Raja Ram husband of Shanti Devi another sister of the deceased. However, the said marriage proposal was not acceptable to the accused. One Yashwant and a driver Jugnu used to visit the house of the complainant. Ram Kishan objected to the same and rebuked them and asked them not to visit his house. However, Geeta accused who did menial job in Bungalows, retorted saying that the aforesaid persons i.e. Yashwant and Jugnu would certainly visit their house. There was annoyance between accused and deceased over it for many days.

On 26.5.2004 Ram Kishan returned home at about 6.00/7.00 pm and went to the roof of the house and lay down on a cot. He asked the complainant to cook food and fell asleep. Geeta accused asked the complainant to go and enquire from Kalyani as to what vegetable she had cooked. Accordingly, complainant went to the house of Kalyani. While she was returning from there, Geeta accused picked-up an axe and inflicted axe blows on the neck, face and head of Ram Kishan who was asleep. The complainant raised an alarm. The accused tried to aim a blow at the complainant as well. However, the complainant went down stairs from the roof. Hearing her noise, Shanti Devi sister of the deceased also came there. The complainant and Shanti Devi took the axe from the accused. Then the accused went down stairs. Ram Kishan died at the spot due to the aforesaid axe blows. The axe was also thrown at the spot. Leaving Shanti at the spot, the complainant left to lodge a report with the police. Police party headed by SI Mahender Singh, Incharge Police Post Sector-16, Faridabad met her near Sai Baba Mandir in village Daultabad (Sector-164), Faridabad. The Complainant made a statement Ex. PA to SI Mahender Singh regarding the occurrence. Mahender Singh made an endorsement Ex.PA/3 on the same and sent it to the police station Central Faridabad where on its basis, FIR Ex.PA/1 was recorded. Mahender Singh went to the spot. He conducted inquest proceedings on the dead body of Ram Kishan and prepared the Inquest Report Ex. PL. Statements of Shanti and Raja Ram were recorded. The dead body was sent to B.K. Hospital, Faridabad for post mortem examination. Next morning, Mahender Singh inspected the spot and prepared a rough site plan Ex.PH. He also took into possession blood stained pillow and mattress from the spot after sealing the same into parcels alongwith cot vide memo Ex.PH. The axe was also found lying in the woods near the spot on the roof. Its sketch Ex.PI/1 was prepared. The axe which was stained with blood was sealed into a parcel and was seized vide memo Ex.PI. Accused Geeta was arrested at about 2.30 a.m. during the same night. H