PARTAP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ILLICIT intimacy of deceased-Satpal with the wife of Dalbir accused is said to be the cause behind his murder, allegedly at the hands of the accused-appellants (hereinafter referred as 'the accused'). Consequently, all the accused were tried, convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/ each, under Section 302 read with Section 34 IPC.

(2.) THE factual matrix of the case is that Satpal (deceased) suspected to be having illicit intimacy with the wife of accused Dalbir Singh. On 15.01.2004 at about 10.30 p.m., Rajinder Singh complainant along with his brothers Satpal and Gopal was returning to his house. When they reached near the house of Dalbir, the latter called upon Satpal to come to his house on the pretext of some urgent work. At this, Satpal went inside, whereas Rajinder Singh and Gopal Singh stayed outside to wait for him. When Satpal went inside the house, all the three accused sons of Pema Ram attacked Satpal. Partap Singh was having a kappa, whereas Satish was armed with a lathi. Accused Dalbir was armed with 'ghota' (heavy stick). THEy also saw that accused Partap Singh gave two kappa blows on the head of Satpal. Satish gave lathi blows on his head and legs. Accused Dalbir also inflicted many 'ghota' blows on his back. Accused Dalbir proclaimed that 'ghota' smeared with chilly, be inserted inside his anus. THEreafter, accused Partap lifted a danda from the courtyard of his house and smeared it with chilly and inserted in his anus. Upon this, Satpal started crying, but sometime thereafter, he went silent. Consequently, complainant and Gopal Singh made hue and cry, however, the accused proclaimed that Satpal had died and they further proclaimed that they would see them later and left the place.

(3.) ON commitment, all the accused were charged for the offences under Section 302 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.