SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Crl. Appeal Nos. 578-DB of 2005 and 662-DB of 2005 as both are arising from the same judgment of conviction and order of sentence passed by the Additional Sessions Judge, Jind.

(2.) The ghost of honour killing has again swallowed three innocent teenagers, namely, Bodhi alias Vinod, Suman and Budha alias Satish. For their brutal murder, appellants Jita Ram, who is father of Suman (deceased) and Sanjay, who is first cousin of Budha alias Satish, were tried by the Court of Sessions Judge, Jind for the charge under Section 302 read with Section 34 IPC. Vide judgment of conviction and order of sentence dated 31.5.2005/1.6.2005 the trial Court convicted both the appellants under Section 302 read with Section 34 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5000/- each, in default of payment of fine or a part thereof, they were to undergo further imprisonment for a term of six months.

(3.) As per the prosecution version, Sita Ram, father of Budha alias Satish (belonging to Backward Class community) was residing in village Khera Khema Wati along with his family. On 24.1.2003 when he came to village Khera Khema Wati at about 6.00 p.m., after visiting his native village Uplana, the wife of his neighbour Rajinder told him that his son Budha alias Satish and Bodhi alias Vinod son of Tek Ram had enticed away Suman daughter of Jita Ram, and the family members of Suman were searching Suman, Bodhi and Budha. On the next day, i.e., the day of occurrence at about 5.00 p.m. when Sita Ram was sitting in his house with his neighbourers Daya Nand (PW7) and Sarupa (PW6), Goldi son of Jagpal (PW4) came and told him that his son Budha, Bodhi and Suman had been murdered and their bodies were lying in the street right in front of the house of Jita Ram. Immediately Sita Ram along with his brother Om Parkash (PW3) rushed to the spot and found that the dead bodies of Suman, daughter of Jita Ram (accused), Bodhi son of Tek Ram and his son Budha were lying drenched in blood within the area of village street. The blood stained gandasi and sword were also lying near their dead bodies. Accused Jita Ram and Sanjay, who were residents of the same village, were also standing near the dead bodies of Suman, Bodhi and Budha. On inquiry they told him that they had murdered these three because Bodhi and Budha had enticed away Suman (daughter of Jita Ram) and they had brought them after capturing from Sonipat, and since they had ruined their reputation, they had murdered Suman, Bodhi and Budha by inflicting injuries with sword and gandasi, and now they could do whatever they want.