SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will also dispose of Criminal Appeal No. 15-DB of 1989.

(2.) SURAJ Bhan, Pappu alias Dharam Bir, Laxmi Chand, Ishwar, Partap and Amar Singh were tried and convicted under Sections 302 and 323 read with Section 144 IPC by Additional Sessions Judge, Bhiwani vide his order dated November 17, 1988. All the six accused were sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for one year each under Section 302 read with Section 149 IPC and to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 100/- each and in default of payment of fine to further undergo rigorous imprisonment for 15 days each under Section 323 read with Section 149 IPC. All the sentences were ordered to run concurrently. Fine, if recovered was ordered to be given to Smt. Guddi and her son.

(3.) PROSECUTION case, in brief, is that Guddi widow of Duli Chand deceased made her statement to ASI Mohar Singh at General Hospital, Bhiwani on May 6, 1987 stating therein that she was married by her father with Duli Chand son of Surja, resident of Hanuman Gate, Bhiwani about three years ago. A son was born to her from the loins of her husband wife and her husband were engaged in the pursuit of moulding bricks at a brick-kiln. On the occasion of "Dussehra", she and her husband moulded bricks on the brick-kiln of Pawan Sharma at the rate of Rs. 30/- per thousand. They resided in the hut., on the brick-kiln with other brick moulders. Her son Sandeep had suffered from chicken-pox. On the recovery of her son from chicken-pox, she had propitiated Mata Goddess by offering Parsad on May 5 1987 at about 1.00 P. M which she had distributed among the persons known to her residing in the huts. She passed in front of the buts of Partap son of Pehlad and Suraj Bhan son of Pehlad residents of Roda to distribute "Parsad". When she came back. Indawati and Sheela wives of Partap and Suraj Bhan respectively told her that if she passed before their buts to perform some Toona Totaka, they would cut her legs. She replied that she merely passed by that side and had not removed the earth with her feet. On this, they both started abusing her. They also quarrelled. Then Shantu Zamadar came and got the matter compromised.