TEJPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Assailing the impugned judgment of conviction and order of sentence dated 8.6.1999, the Appellant Tejpal son of Mai Baksh (hereinafter to be referred as "the Appellant") has directed the present appeal, vide which, he alongwith his (brother) co-accused Ruldu Ram, was convicted and sentenced by the Sessions Judge, to undergo sentence of life imprisonment, to pay a fine of Rs. 5000/-each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, for the commission of offence punishable under Section 302 IPC.

(2.) The conspectus of facts/evidence, in epitome, culminating in the commencement of, relevant for disposal of present appeal and emanating from the record, unfolded during the trial, is that the marriage of Lakshmi Devi (deceased) daughter of complainant Puran Singh (PW4) was solemnized with main accused Ruldu Ram, while the marriage of his other daughter Santosh was performed with Appellant Tejpal on 14.6.1990, according to Hindu rites and ceremony. Accused Ruldu Ram was residing separately from his parents along with his wife for the last 21/2 years prior to the present occurrence. No issue was born out of their wedlock. Ruldu Ram was stated to have been harassing his wife and compelling her to bring money. On her asking, PW4 once gave Rs. 1000/-and then Rs. 3000/-to Ruldu Ram. The marriage of Roshan (PW5), nephew of PW4, took place in village Kunwari, District Hisar on 6.4.1998 and Lakshmi Devi, Santosh and Ruldu Ram participated in it. Ruldu Ram was not satisfied with the customary gifts given to him in that marriage. Feeling aggrieved, he returned to his village Kakrodh on 8.4.1998 alongwith Lakshmi Devi and Santosh.

(3.) The prosecution claimed that on 9.4.1998, PW5 went to the house of accused in village Kakrodh, for giving sweets etc. of his marriage. As soon as, PW5 reached there, it revealed that Ruldu Ram had killed Lakshmi Devi by strangulating her neck with a rope. He returned to his village Kunwari and informed PW4 in this respect. Having received the information when PW4 was going to report the matter to the police alongwith his brother Nathu Ram (PW9) and PW Ram Parsad Ex-Sarpanch and as soon as, they reached near railway crossing, Uchana, in the meantime, ASI Ram Mehar (PW10) met them and recorded his (PW4) statement (Ex.PD). PW10 made his endorsement (Ex.PD/1) on it and sent the same to the Police Station Uchana for registration of the case.