SATYAVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 08.07.2004 of the Sessions Judge, Narnaul in Sessions Case No.19 of 2003, whereby, the appellants, were charged with and tried for offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal code (short short 'the IPC'). They have been convicted and awarded life imprisonment and to pay fine of Rs.1,000/- each, in default to undergo further RI for two months, each, for the offence under Section 302 IPC. They have also been sentenced to undergo RI for a period of two years and to pay fine of Rs.500/- each, in default to undergo RI for one month, each, under Section 201 IPC.

(2.) The case was registered on the statement of Nihal Singh son of Nand Ram of Village Sagarpur recorded on 13.05.2003. He stated that he was an agriculturist. They were three brothers. He was the eldest. Next to him was Bhup Singh and youngest was Charan Singh. They were all married and were living separately. The previous day i.e. on 12.05.2003 his brother Charan Singh had come for taking bath at the well of Meer Singh son of Richhpal of the same village. At about 10.00 PM his brother Bhoop Singh alias Ved Parkash informed him at his residence that Charan Singh had been tied down and was being beaten by Satbir son of Maman Ram and his wife Omkaur. Suspecting that his brother Charan Singh has been murdered and thrown in the well of Pawan Kumar, he informed the police through his brother Bhup Singh and Anil Kumar son of Balbir Singh resident of Sagarpur. Distance of the tube-well of Pawan Kumar from the tube-well of Meer Singh was 1200 feet.

(3.) The police arrived. On search, the dead-body of his brother Charan Singh was found in the well of Pawan Kumar resident of Khatripur. The dead-body was brought out by joot rope (Lav) and gunny cloth (Palli) with the help of Anil Kumar and Mahender Singh son of Richhpal. The dead-body was riddled with injuries. The hands of the deceased had been tied with a rope.