RAMESHWAR DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAMESHWAR Dass and Bhushan Kumar appellants were found guilty of the murder of Mst. Igya Wati wife of the latter punishable under section 302/34 IPC and both of them were awarded sentence to undergo imprisonment of life besides to pay a fine of Rs. 1,000/- or in default of payment thereof to further suffer three month's rigorous imprisonment by the learned Additional Sessions Judge Kurukshetra vide orders dated 26th July, 1989. Feeling aggrieved against their conviction and sentence, the appellants have come up in appeal.

(2.) THE brief resume of facts of the prosecution case relevant for the disposal of this appeal is that Mst. Igya Wati daughter of Amar Singh PW-3 of village Kanjal was married with Bhushan Kumaraccused sen of Rameshwar Dass accused about 1 1/2 years prior to this occurrence. Amar Singh PW had given dowry to his daughter according to his financial and social status. But Bhushan Kumar accused being not satisfied with the dowry given in his marriage used to taunt his wife that it was not possible for him to pull on alongwith her and that he will perform the second marriage as she has brought meagre dowry and is hardly a primary pass The deceased so apprised her parents whenever she visited their house. On the occasion of Dushehra preceding her murder, her cousin Bhah Mal PW-10 had gone to fetch her from her in-laws house when both the accused lodged protest with him that Mst. Igya Wati was less educated and has little common sense and she has brought lesser dowry and that it would be difficult for Bhushan Kumar to pull on with her and he intends to perform second marriage. Bhushan Kumar accused also put up a demand for Rs. 10,000/- for starting a kiryana business as he was unable to do the cultivation of land. Mst. Igya Wati when contacted by Bhag Mal PW also confirmed the above referred conduct of her husband and father-in-law. The accused, however, declined to send her to her parent's house on that occasion. On the night intervening 11th and 12th October, 1988 at about 2. 30 A. M. , Jai Singh brother of Rameshwar Dass alongwith Anil Kumar contacted Amar Singh PW in his house and apprised him of the death of Mst. lyga Wati due to fall from the roof of the house. Amar Singh alongwith his nephew Bhag Mal, his brother Soran, Nar Singh, Lambardar Hukam Chand, Phool Singh of his village then rushed to the house of the accused in village Kanjnu on Motor-cycles where they saw the dead body of Mst. Igya Wati lying in the street near the house of his son-in-law. Amar Singh also observed some abrasion marks around the neck of the deceased and. the fracture of her right leg He suspected that his son-in-law and Rameshwar Dass father-in-law of the deceased had killed her by strangulation and fracturing her leg He also suspected the involvement of the other male arid female members of the family of the in-laws of the deceased in her murder. Leaving his nephew Bhag Mal and brother Soran besides other people to guard the dead body, he went to village Sandholi to inform his brother-in law Darshan Lal PW-11 of the death of his daughter. Thereafter, he rushed to Police Station, Radaur and lodged report Exhibit PF with S. I Gurdial Singh PW-14 at 8. 30 A. M. on 12th October, 1988, A case under section 302/34 I. P. C. was registered against the accused and its special report was conveyed to the Ilaqa Magistrate, Kurukshetra at 1. 45 P. M.

(3.) SUB Inspector Gurdial Singh accompanied by Amar Singh PW arrived at the spot. He saw the dead body of Mst. Igya Wati lying in the lane with face downward. He also got the scene of crime photographed from Vinod Kumar Photographer PW-12. He also found blood stained chunni pair of chappal and blood lying spilled near the dead body. All these articles were taken in possession after putting in different sealed parcels. He also recorded the statements of the witnesses. The inquest report Exhibit PC of the dead body was also prepared by him. The dead body was entrusted to Constables Sewa Ram and Gopal Singh for autopsy vide request Exhibit PB. The Sub Inspector also found the accused missing from their house. He failed to trace them despite search at villages Jobal and Radaur.