HARISH CHANDER AND BILLA Vs. STATE

JUDGEMENT

(1.) These two appeals are preferred by the original accused Nos.1 & 2 in Sessions case No.19/86. both these appeals are being disposed by this common judgement.

(2.) Appellants Harish Chand @ Bills son of Banarsi Dass and Kamla, widow of Late Ratan Lal stand convicted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and eac h of them is sentenced to suffer imprisonment for life and to pay fine of Rs.1,000.00 and in default to suffer R.I. for one year.

(3.) It is the case of the prosecution that appellant Kamla widow of victim Ratan Lal had got illicit relations with appellant Harish Chander and on account of these illicit relations they hatched a plan to kill Kamla's husband Ratan Lal. As per the said plan appellant Harish Chander took Ratan Lal in the evening of 14.8.85 and gave him liquor and made him completely drunk. In the night deceased Ratan Lal used to sleep outside his house bearing No.WZ-1014, Mangal Rai, Pankha road, New Delhi. Appellant Harish Chand @ Billa brought Ratan Lal at night in total drunken condition and then with the help of a nylon rope strangulated him and caused his death. Appellant Kamla had informed her mother-in-law, PW/7, Sohni Devi, about the death of her husband. Accordingly, PW/7 Sohni Devi came to the house of Ratan Lal alongwith her other son Rajesh Kumar, PW/15. When they came to the house of Ratan Lal at about 7.00-7.15 am. they found the dead body of Ratan Lal was covered with the help of a Chhadar. When they asked appellant Kamla to show his body appellant Kamla removed the chhadar upto the chin and show Ratan Lal's face. At about 9.00-9.15 am. PW/16 Amar Singh and PW/17 Kulwant Kaur, wife of Amar Singh, came there. PW/17, Kulwant Kaur is the sister of deceased Ratan Lal. After arrival Amar Singh removed the chhadar and at that time he found the ligature mark on the neck of Ratan Lal and thereupon he and other relations of Ratan Lal discovered that his death was not natural one and they wanted the police to inquire into the same. It is the case of the prosecution that at that juncture appellant Kamla had stated that they should go ahead with the death rites on the dead body and she would later on explain to them and if they delayed the cremation there was likelihood of decomposition of the dead body. By that time appellant Harish Chander had also come with 'smagari' material in order to have funeral procession but by that time somebody had informed the police and PW/24 S.I. Om Prakash arrived there alongwith Constable PW/10- Raj singh. He also found the ligature mark around the neck of Ratan Lal. He then prepared the imquest proceedings and forwarded the dead body for post-mortem. He arrested the present appellants. At the time of arrest of appellant Harish Chander he had also found the bruises around both the wrists of appellant Harish Chander. After his arrest appellant Harish Chander made statements leading to the discovery of the nylong rope from kudakund. He also produced the photograph of himself and daughter of appellant No.2 Kamla. Appellant Kamla also produced a passport of appellant Harish Chander and her own photo pinned in the said passport at the open space where the photoraph of the wife of the passport holder is to be affixed. Then on the next day at the instance of appellant Harish Chander the Investigating Agency was in a position to recover the remaining portion of the nylon rope from a tempo on which appellant Harish Chander was working as a driver.