RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of judgment/order dated May 16, 1997 passed by the Additional Sessions Judge, Jind whereby the accused-appellants have been convicted under Sections 452, 302/34 and 201, I.P.C.and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each under Section 452, I.P.C.; imprisonment for life and also to pay a fine of Rs. 2,000/- each and in default of payment of fine, to undergo further rigorous imprisonment for two years each under Section 302/34, I.P.C.and rigorous imprisonment for one year and to pay a fine of Rs. 500/- each and in default of payment of fine, to undergo further rigorous imprisonment for three months each under Section 201, I.P.C.However, all the sentences have been ordered to run concurrently. It has also been ordered that out of fine, if realized, a sum of Rs. 10,000/- shall be given to Poonam and Bhupinder P.Ws. i.e. Rs. 5,000/- each as compensation on account of death of their mother. It has also been ordered that the period of custody of the accused-appellants shall be set off under the provisions of Section 428, Cr. P.C.

(2.) A brief reference to the factual matrix from which this appeal has arisen is necessary for its disposal.

(3.) Prem Singh made statement Exhibit PE before ASI Chander Bhan which is to the effect that he is a resident of village Khatla and a reporter of "Sorab Magzine". He has three sisters. Eldest of them, Krishna is married to Sunehra son of Ram Dia resident village Anchra Kalan, 18/19 years prior to his making statement. Sunehra was married with one Bhateri resident Butana and out of this wedlock, two daughters namely Rajpati and Murti were born. Rajpati was married with Daya Nand resident of village Rithal and out of this wedlock, a son named Rajesh was born. After that, Rajpati died. Thereafter Daya Nand, remarried Murti, younger sister of Rajpati. Daya Nand also died. Rajesh and Murti are living with Bhateri in village Anchra Kalan. His sister Krishna gave birth to a son named Bhupinder Singh and a daughter named Poonam, Sunehra also died about 10 years prior to his making statement. His sister Krishna, and her children namely Bhateri, Rajesh and Murti started living separately and their cultivation was also separate. A dispute arose between Krishna and Rajesh regarding the partition of agricultural land and an application to that effect was moved before Tehsildar, Safidon.