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2016 DIGILAW 1674 (PNJ)

Narvair Singh v. State of Haryana

2016-07-08

LISA GILL, S.S.SARON

body2016
JUDGMENT 1. Learned counsel for the State has filed affidavit of Sh. Sewa Singh, Deputy Superintendent of Prison, District Prison, Jind mentioning the period of imprisonment undergone by applicantappellant, Narvair Singh. The same is taken on record. 2. Heard learned counsel for the parties. 3. Criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment applicant-appellant, Narvair Singh during the pendency of the appeal. 4. Complainant–Kapoor Kaur PW1 submitted an application Ex. PA against Baljinder Kaur (appellant in CRA-D No. 887-DB of 2013) and Narvair Singh (applicant-appellant) as also Jitender Singh, brother of Baljinder Kaur. Jitender Singh was not sent up for trial. According to the complainant, her son namely Kuldeep Singh (deceased in the case) was married with Baljinder Kaur on 22.12.2010. Kuldip Singh (deceased) was serving abroad. Baljinder Kaur remained with the complainant at village Durana. In the absence of Kuldeep, son of the complainant, unknown youngsters used to visit Baljinder Kaur and she stated that they were her relatives. In fact, they were not her relatives. Later, they came to know that Baljinder Kaur had illicit relations with Narvair Singh (applicant-appellant) and she wanted to marry him. Baljinder Kaur, according to the complainant, was unhappy with her marriage with Kuldeep (deceased). She had retained mobile phone of Devinder Singh son of the complainant. She used to talk with Narvair Singh and others. Despite her mobile phone being taken and another SIM card given to her, she continued to talk with Nirvair Singh (applicantappellant). Kuldeep Singh (deceased) returned to India on 19.04.2011. He had no ailment and was not taking any medicines. Kuldeep Singh (deceased) and Baljinder Kaur went to their room to sleep on 19.04.2011, at about 10.00 p.m. Baljinder Kaur took milk and water with her while going to the room of Kuldeep during the night. Later Kuldeep (deceased) started vomiting at about 11/11.30 p.m. On enquiry, Kuldeep (deceased) disclosed that Baljinder Kaur had administered poison to him and he be taken to the hospital. Doctor found the case to be of poisoning. Kuldeep (deceased) died on the next morning at 9/9.15 a.m. on 20.04.2011. According to the complainant, her son was administered poison by Baljinder Kaur in conspiracy with her brother and lover namely Narvair Singh. The police had assured to take action on receipt of the FSL report. Baljinder Kaur alongwith Jitender took away Rs. Kuldeep (deceased) died on the next morning at 9/9.15 a.m. on 20.04.2011. According to the complainant, her son was administered poison by Baljinder Kaur in conspiracy with her brother and lover namely Narvair Singh. The police had assured to take action on receipt of the FSL report. Baljinder Kaur alongwith Jitender took away Rs. 2 lacs in cash, gold and silver ornaments. Sleeping pills and celphos pills were recovered from Baljinder Kaur. 5. According to the learned counsel for the State and the complainant, Narvair Singh (applicant-appellant) had supplied sleeping pills and celphos tablets to Baljinder Kaur, co-convict. It is stated that this has been brought out in the disclosure statement of Baljinder Kaur. The effect of the statement of a co-convict would require consideration at the time of final hearing of the appeal. 6. In terms of affidavit of Sh. Sewa Singh, Deputy Superintendent of Prison, District Prison, Jind, Narvair Singh (applicant-appellant) has undergone actual imprisonment of four years, one month and 13 days as on 06.07.2016. This includes imprisonment of three years, two months and 14 days after conviction. The sentence of imprisonment of Baljinder Kaur has been suspended by this Court vide order dated 16.07.2015 in CRM No. 14769 of 2015 in CRA No. D-887-DB of 2013. 7. In the facts and circumstances, it would be just and expedient to suspend the sentence of imprisonment of Narvair Singh (applicant-appellant) as well during the pendency of appeal. 8. Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of Narvair Singh (applicant-appellant) during the pendency of appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Jind.