(1.) PALA Ram cousin of Laxmi Chand (now deceased) reported to Barwala police of Hissar District in Haryana State on 20th November, 1988, "1 am a resident of Karmgarh. I do labour. Laxmi Chand S/o Sadhu Ram Chowkidar was my cousin brother (father's eider brother's son). Lakhmi got married thrice. First two wives did not produce any child and both of them died issueless. He got married third time with Taro daughter of Hari Chand, Balmiki r/o village Badia Patti, 25 years ago. She produced 7 Children in all i. e. four sons and three daughters. The eldest son namely Phul Kumar is 20 years of age. Lakhmi is blind due to illness for the last about 10 years. Taro, is my Chachi (father's younger brother's wife) in relation, who is a bad character lady from the very beginning. She has illicit relation with so many persons About 6/7 months back Taro developed illicit relations with Sat Pal alias Ramesh son of Raunaq Chamar, resident of Kanari and Chatru son of Bhag Singh Chamar resident of village Kot Kalan who had been working at the tubewell etc. at our village. Taro often used to go with them for doing labour. Both the persons aforesaid used to come to Taro at the house of Lakhmi due to which their names and addresses are known to me Lakhmi and Taro had a quarrel with each other so often due to their visit at their house. Due to it, Taro had left her house once or twice. About 1-3/4 months back Lakhmi, Taro and Ajmer Singh younger son of Lakhmi went out saying that they were going to Jagmail Singh r/o Bugana who is (Pali) grazer there for obtaining their share for the sale of goats. After about 15/16 days when Taro and Ajmer Singh, both mother and the son came back to village, I asked about him. She replied that Lakhmi has stayed with his son Jagmail at Bugana and would come back after 10/12 days. When Lakhmi did not turn up even after 15/16 days, I got suspicious. Thereupon I went to Bugana and enquired about him where I came to know that Lakhmi had not gone to Jagnail however, Taro and Ajmar had only gone there. I made a search for Lakhmi in my relations but he was not traceable. Today I along with Raj Kumar son of Jeet Ram, Balmiki resident of the village and Vijay Kumar son of Mohan Lal Balmiki reached village Bapo Patti in search of Lakhmi. We came to know that about 1-3/4 months ago, the police of Barwala had recovered a dead body with the same appearance of Lakhmi from a pit filled with water near the passage known as Rajliwala. I along with Raj Kumar and Vijay Kumar have come to you at the Police Station and you have shown us a photograph of the dead body, one pair of Desi shoe (Jutti) and clothes whom I identified. The photograph Jutti (Desi shoe) and the clothes are that of my brother Lakhmi Chand. I fully suspect that Taro, Sat Pal alias Ramesh and Chatru have killed Lakhmi to get him removed from their way because Lakhmi used to create hinderance in the illicit relations among Taro, Sat Pal and Chatru. Action may be taken " Formal FIR No 139 was recorded in Police Station, Barwala on its basis at 3.15 p.m. on the same day viz. November 20, 1988.
(2.) ON being charged with the commission of offence under Section 302 read with Section 34 of the Indian Penal Code for intentional murder of Lakhmi Chand on 20th September, 1988 (two months, prior to 20th November, 1988) in village Bado Patti with Chatru (a proclaimed offender not since apprehended, the two accused in Sat Pal and Taro, both pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned judgment dated 5th June, 1989 learned trial court convicted the two accused of the commission of the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo individually imprisonment for life and to pay Rs. 1000/- each as fine. In default of payment of fine each one of the two accused was ordered to under go individually rigorous imprisonment for a further period of six months. Feeling aggrieved therefrom both the convicted accused have jointly filed Criminal Appeal No. 253-DB of 1989 in this Court.
(3.) PROSECUTION version in nutshell is that Taro accused is a woman of loose morals and easy virtue. Lakhmi Chand (now deceased) married her as his third wife because neither of his earlier two wives had given birth to a child from his loins Lakhmi lost his eye-sight nearly ten years before the occurrence. Taro who was working as a labourer at the tubewell with the other two co-accused named Satpal and Chatru developed intimacy with them and started bringing them home for sexual pleasure. Lakhmi Chand took it ill and there was a quarrel between the two spouses on this score on various occasions.