NAND LAL Vs. STATE

JUDGEMENT

(1.) APPELLANT Nand Lal by the impugned judgment dated 19 th April, 1999 has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC for short) for murder of Rubi Kumar in the intervening night between 15th and 16th December, 1992 at A -260, Mukandpur Colony, Delhi. The conviction arises out of FIR No.486/1992, police station Samaipur Badli, which became subject matter of Session Case No.135/1994. The appellant was also charged under Section 376 IPC, but has been acquitted. State has not preferred any appeal against the said acquittal. By order of sentence dated 29th April, 1999, the appellant has been sentenced to imprisonment for life and fine of Rs.5,000/ -. In default of payment of fine, he has to undergo rigorous imprisonment for 3 months.

(2.) LEARNED counsel for the appellant has submitted that 3 material witnesses, namely, Pancham Singh (PW -2), Nek Ram (PW -10) and Ajay Pal Sharma (PW -11) have turned hostile and this seriously dents the prosecution version. It is further submitted that the seizure memos were witnessed by Bindeshwari Singh (PW -3), father of the deceased and Ram Narain (PW -4), a friend of PW -3. He states that independent public persons had not signed/witnessed the seizure memos and therefore doubts exist. Our attention was drawn to the unscaled site plans Ex.PW -17/A and PW -17/L and the scaled site plan Ex.PW -9/A and it was submitted that there are major discrepancies in the two sets of plans. It is argued that the present case could well be of honour crime committed by the parents/relatives of the deceased as they had objected to the relationship between the deceased and the appellant. In alternative, it is submitted that the motive has not been fully established. Lastly, it is highlighted that there are major discrepancies in the ocular evidence of Bindeshwari Singh (PW -

(3.) BINDESHWARI Singh (PW -3) and Nand Kumari (PW -12) have deposed that deceased Rubi Kumari, aged about 16 years at the time of occurrence, was their elder daughter. Appellant Nand Lal started visiting their house about one year prior to the date of occurrence. They had seen the appellant and deceased Rubi Kumari talking to each other. PW -3 in the examination -in - chief has stated that he suspected ill intention on the part of the appellant and had asked his daughter not to visit the house of the appellant. 15 to 20 days prior to the date of occurrence, the appellant had expressed desire to marry Rubi Kumari and this fact was told to him by his wife. The appellant, however, was told that Rubi Kumari had to be educated and PW -12 had rejected the said marriage proposal. PW -12, the mother in her examination -in -chief had stated that the appellant used to refer to Rubi Kumari as his sister and she treated him like a brother. Subsequently, the appellant had proposed and expressed his desire to marry Rubi Kumari, but they were not inclined as they wanted their daughter to complete her education. Thereafter, PW -12 had started accompanying Rubi Kumari to school and on return as well. PWs 3 and 12 have further deposed that that on 15th December, 1992, Rubi Kumari had served food to PW -3 and left the house at about 7.30 p.m. to relieve herself as there was no bathroom/toilet in the house. She did not return even after about an hour. PWs 3 and 12 searched for their daughter at different places. At about 10.30 p.m. they went to the police station to make a report, but were asked to continue with the search and only if she would not be traced, report would be entertained. PW -3 has stated that he along with his wife Nand Kumari (PW -12), Ram Narain (PW -4) and Ajay Pal Sharma (PW -11), who had turned hostile, visited the house of the appellant, but the outer gate as well as the door of the room was locked. Thereafter, they returned back. At about 4 a.m., they again went to the house of the appellant and found that the gate on the boundary wall was locked from the outside, but as per PW -3, the room inside appeared to be open. They scaled the boundary wall and knocked at the door of the room. After prolonged knocking, the appellant opened the door and was queried about Rubi Kumari. The appellant then signalled towards the room. As per PW -3, PW -12 entered the room and saw that Rubi Kumari was lying dead under the quilt. She cried. PW -3 and others caught hold of the appellant and Ram Narain made a telephonic call informing the police, who came to the spot.