RAM SINGH Vs. SONIA

JUDGEMENT

(1.) Sonia [A-1] and Sanjiv [A-2], respondents in Criminal Appeal No. 895 of 2005, were tried and convicted by the trial Court under S. 302 read with Section 34 and Section 120-B of the Indian Penal Code [IPC for short] and sentenced to death and to pay a fine of Rs. 2000/- each. A-1 and A-2 were further convicted under Sections 25(1-B)(b) and 25(1-B)(a) of the Arms Act respectively and sentenced to undergo rigorous imprisonment for a period of one year. A-2 was further convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- in default whereof to further undergo imprisonment for one month. The sentences were, however, ordered to run concurrently. Tried along with A-1 and A-2 were eight other accused persons but they were acquitted by the trial court for want of evidence. The order of convictions and sentences gave rise to a murder reference by the Sessions Judge, Hisar and appeals by both the accused before the Punjab and Haryana High Court. By the impugned judgment, while upholding their convictions under Section 302 read with Section 34 and Section 120-B of the IPC and other provisions, the High Court has commuted the sentence of death into life imprisonment. Hence these appeals by special leave.

(2.) While Criminal Appeal Nos. 895 of 2005 and 894 of 2005 have been preferred by Ram Singh, brother of deceased-Relu Ram, and the State of Haryana respectively for enhancement of sentence from life imprisonment to death, Criminal Appeal No.142 of 2006 is by the accused assailing the impugned judgment of their convictions and sentences.

(3.) The case of the prosecution is that on 23.8.2001 when Jeet Singh [PW 57], one of the employees of deceased-Relu Ram, and A-2 were sitting at the Saw Mill located by the side of Farm House of Relu Ram, a telephone call was received by A-2 from A-1 conveying her desire to celebrate Priyankas [deceased sister of A-1] birthday at the Kothi at Litani Mor [place of occurrence] and that she would bring her from the hostel of Jindal School at Hisar - the school she was studying in. At about 9.30 p.m. A-1 along with Priyanka reached home in a jeep. Thereafter, between 11-12 p.m., on hearing some noise of footsteps, PW 57, who was present at the Farm House, woke up and noticed that light in the room, where the spare parts of tractors etc. were kept, was on and upon inquiry found that A-1 was there in the room and he saw her taking a rod to the first floor which rod is used for raising/tilting the tractor from the ground. He again heard the noise of explosion of fire works, but, thinking that Priyankas birthday was being celebrated, he went to sleep. PW 57 further stated that on 24.8.2001 at about 4.45 a.m. when he was sitting on his cot, he saw A-1 coming down and taking the Jeep at a very fast speed and returning after half an hour. Thereafter, at about 5.30 a.m. Ram Phal, the Milk Vendor, brought milk, but on seeing him coming upstairs, A-1 instructed him to leave the milk on the ground floor. At about 6.15 a.m. the School Van came to take Lokesh [deceased], son of Sunil [deceased], but it left after waiting for some time as Lokesh did not come down despite blowing of horn. PW 57 thereafter sent Rohtas, another servant of Relu Ram, to the first floor for bringing Lokesh down for being dropped in the School on motor-cycle. Upon being called by Rohtas, PW 57 went to the first floor and found that A-1 was lying in the porch with froth coming out of her mouth and was mumbling that she be saved and Sanjiv [A-2] be called. Reaching inside the house, PW 57 found that Relu Ram [father], Krishna [mother], Sunil [brother], Shakuntala [sister-in-law], Priyanka @ Pamma [sister], Lokesh [nephew] and Shivani and Preeti [nieces] of A-1 had been murdered in different rooms. He also found that Shakuntlas hands and feet were tied with cot. The tractor rod that PW 57 had seen A-1 removing from the room on the previous night was lying on the bed of A-1. Noticing a letter [Suicide Note - Ext. 227] lying on the bed of A-1 written in Hindi, PW 57 picked up the same and left for the Ulkana Police Station. While giving description of what had been seen by him at the place of occurrence and handing over the said Suicide Note to S.I. Vinod Kumar, PW 59, PW 57 also stated that it may be possible that A-1 under a conspiracy had either administered some poisonous substance or made them to inhale poisonous thing and upon becoming unconscious they had been murdered. It was further stated by him that about six months prior to this incident, A-1 with an intention to kill deceased Sunil had also fired a shot from the licensed gun of deceased Relu Ram over a dispute of property, but the matter was hushed up in the house.