PREM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant herein is convicted for committing offence under Section 354, 302, 404 of the Indian Penal Code by the Session Court vide judgment and conviction dated 11.09.2001 followed by order of sentence dated 13.09.2001. His conviction and sentence has been upheld by the High Court vide judgment dated 12.07.2010 and it is this judgment which is impugned in the present proceedings.

(2.) Unfolding the prosecution case, we find that Jaibir (PW-12), complainant, who is the father of deceased Sunita, had made a complaint at PS Sadar, Hansi stating that he was an agriculturist and had two sons and one daughter (Sunita). He had married his daughter, who was aged 24-25 years, to one Rajesh, s/o Chhanna, at Village Dhantan, Hisar. She had come to the parental house about 8-9 days prior to the incident and was staying with the complainant. On 03.03.1999 at about 9/10 a.m., she went to the field to bring Barseem (green fodder) but did not return till 3/4 p.m. on that day. Then, complainant's daughter-in-law Murti (PW-8) went to the field to look for Sunita. When she reached there, she found Sunita lying dead in the field of Barseem. There was a cut mark on the left side of the neck of deceased. Murti returned home and informed the complainant about the same.

(3.) After hearing the news of the death of Sunita, the complainant and his brother Mahavir and one Chhajju, s/o Buta, went to the field and they found dead body of Sunita lying there with cut mark on her neck. The blood had oozed out and there was one teeth bite mark on her right cheek, which was an indication that some unknown person had tried to molest her. Complainant then lodged the complaint.