DHARAM SINGH DHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dharam Singh alias Dharma, Sharab Singh alias Sharaba, Niranjan Singh alias Kanda, Sohan Lal and Bachan alias Bachani were tried by Sessions - Judge Kurukshetra who vide his order dated December 8,1988 acquitted Niranjan Singh, Sohan Lal and Bachan but convicted Dharam Singh alias Dharma and Sharab Singh alias Shamba under Section 302 read with Section 34 I.P.C. Both Dharam Singh alias Dharma and Sharab Singh alias Sharaba were sentenced to undergo life imprisonment. Dharam Singh and Sharab Singh were, however, acquitted under Section 376 I.P.C.

(2.) Feeling aggrieved, they have filed this appeal.

(3.) Prosecution case, in brief, is that Banarsi P.W. lodged F.I.R. Ex. P1 in Police Station Dhand District Kurukshetra on April 22, 1988 at 11.00 P.M. stating therein that he is a resident of Kheri Raiwali and is working as a SidT with Zilia of his village. He had four daughters and two sons. His eldest daughter was Sharbati deceased who was about 16/17, years old. She used to do the work of removing rubbish from the houses of agriculturists besides doing household work.