DHANPAL ALIAS DHANNU SUKHBIR SINGH Vs. STATE

JUDGEMENT

(1.) These two criminal appeal Nos.IS and 25 of 1988 have been filed by Dhanpal alias Dhannu and Sukhbir Singh respectively (hereinafter described as DP and SS) against their conviction under Sections 302 and 201 read with Section 34 Indian Penal Code and sentence of life imprisonment under Section 302 read with Section 34 Indian Penal Code and sentence of four years and also afineofRs.2,000.00 each undersection 201/34 Indian Penal Code or in default of payment of fine further Rigorous Imprisonment of six months each by the learned Additional Sessions Judge, Delhi.

(2.) The charge against them was that in the night between 5.1.86 and 6.1.86 to 8.1.86. they in furtherance of their common intention committed the murder of Bimla wife of Sukhbir Singh, appellant and her daughter Seema at village Chilla within the jurisdiction of Police Station Kalyan Puri and caused dis-appearance of their dead bodies by throwing them in the river Yamuna with the intention to screen this from legal punishment.

(3.) The case of the prosecution in brief is that SS was married to the deceased Bimla daughter of Ram Phal Public Witness 7 in 1975. DP is the matemal uncle of SS. SS used to beat Bimla for bringing insufficient dowry and on that account Public Witness 7 had filed a case against SS in Patiala House Courts. Before the judgment in that case was delivered, SS had given in writing to the court that in future he would not mis-behave with Bimla and would keep her properly. Therefore, Public Witness 7 sent his daughter alongwith him. After that SS extracted Rs.3,000.00 from Public Witness 7 by holding out threats to him. Looking for a better future for his daughter, he gave that money to him. He, however, again started beating and mal- treating Bimla. Public Witness 7 then purchased a bufallo for his daughter and also gave some money to SS so that his daughter may live in peace. The deceased and SS started living in a separate house in village Chilla itself. The house though belonging to the father of SS was got repaired by Public Witness 7. Elder brother of SS had died and his father wanted SS to live with the widow. SS, according to prosecution, had, therefore, started living in their other house in village Chilla where his parents and the widow lived. Thus in a way both the deceased, that is, Bimla and her 6 year old daughter Seema lived on their own in the other house. Public Witness 7 thus had been constrained to meet her house-hold expenses also.