SANTOSH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two appellants, namely, Veeran Devi and Santosh are mother and daughter respectively. Smt. Durga Devi was also the daughter of Veeran Devi. Harvinder Singh P.W.5 resided with his family and old parents in front of the house of these three ladies in the area of NIT, Faridabad. Hari Singh was the father of Harvinder Singh P.W.5. The residential houses of both the sides have been shown in the site plan Ex. PC.

(2.) There was a manhole just in front of the house of Harvinder Singh P.W.5. The lid of the manhole was removed by the appellants. Harvinder Singh P.W.5 has small children and he apprehended that his son may not fell down in the manhole. On 1.8.1999 at 6.00 P.M. he asked the appellants as to why they had uncovered the manhole as a result of which they got irritated. These three ladies jumped from over a grill and entered the house of Harvinder Singh and started beating Harvinder Singh P.W.5 and pulling his hair. The wife and mother of Harvinder Singh tried to pull out these ladies out of their house but in the meanwhile Hari Singh deceased father of Harvinder Singh came out. He was also given beatings by the three ladies and he was pushed on the ground and these three ladies started giving brick bats to Hari Singh. The deceased received injuries and was declared dead as soon as he was taken to Escort Hospital. Vijay Kumar P.W.7 and Harnam Singh also witnessed the occurrence, besides the mother and wife of Harvinder Singh P.W.5.

(3.) Harvinder Singh P.W.5 made a statement Ex. PD before ASI Ranbir Singh P.W.8, at about 7.30 P.M. on 1.8.1999 and on its basis formal F.I.R. Ex. PD/2 was recorded at the Police Station, at 8.20 P.M. on the same day. The special report reached the learned ilaqa Magistrate at 2.30 A.M. on 2.8.1999. ASI Ranbir Singh P.W.8 went to the scene of occurrence. He prepared rough site plan Ex. PH of the scene of occurrence; inquest report Ex. PB and recorded the statements of the witnesses. He sent the dead body for post-mortem to B.K. Hospital, Faridabad. He also arrested the accused on the same day. After completion of the investigation, the accused were put to trial.