CHUNNI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 01.05.2004 and the order dated 04.05.2004, rendered by learned Sessions Judge, Kurukshetra, in Sessions Case No. 28 of 2003.

(2.) Appellants Chunni Lal and Ram Murti along with co-accused Lakho alias Lakhwinder Kaur were charged with and tried for the offences punishable under Sections 302/201 IPC. Appellant Chunni Lal was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, and in default of payment of fine, to undergo further rigorous imprisonment for one year under Section 302 IPC. He along with appellant Ram Murti was also convicted and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 5,000/- each, and in default of payment of fine, to undergo further rigorous imprisonment for one year under Section 201 IPC. Both the substantive sentences of appellant Chunni Lal were ordered to run concurrently. Co-accused Lakho alias Lakhwinder Kaur was acquitted of the charge framed against her.

(3.) The case of the prosecution, in a nutshell, is that Ram Chander son of complainant Joginder Singh went to his sister Surekha's house in village Dayalpur on 27.06.2003 in the morning. When he did not come back, complainant Joginder Singh on 28.06.2003 enquired from Surekha. She told him that Ram Chander had left her place on 27.06.2003 itself at 3.00 PM on his scooter. Thereupon, complainant Joginder Singh made enquiries in the village about his son Ram Chander. Complainant's nephew Barkha Ram told that he had seen Ram Chander on 27.06.2003 at about 5.00/6.00 PM along with Chunni Lal accused at Bus Stand Dhantori. Lakhwinder Kaur alias Lakho accused, daughter of complainant's brother Karnail Singh, was married with Chunni Lai. However, Chunni Lal and his brother Ram Murti used to beat Lakho. About one and half months before the present incident, the complainant had taken Panchayat of respectable persons of village of the accused i.e. village Chanarthal. He counseled both Chunni Lal and Ram Murti. However, they both threatened the complainant and his family members. The marriage of Lakho was performed by the complainant. On 28.06.2003, the complainant and his nephew Barkha Ram went to village Chanarthal to find the whereabouts of Ram Chander. Dead body of Ram Chander was recovered. It was sent for post mortem examination. The cause of death was shock and haemorrhage due to injuries to vital organs i.e. brain and lungs. The investigation was completed and challan was put up after completing all the codal formalities.