RISHI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant challenges judgment dated 07.10.2006 and order dated 12.10.2006, passed by the Sessions Judge, Kurukshetra, convicting him under Section 302 and 201 of the Indian Penal Code and sentencing him as follows:-

(2.) Both the sentences have been ordered to run concurrently.

(3.) Jai Kumar, PW12, brother of the appellant made a statement, Ex.PJ, on 20.10.2005, before Inspector Bhan Singh, PW18, that after his elder brother Rohtash's wife expired about four years ago, Rohtash remained disturbed and is missing since 3-4 days before raksha bandhan. Rishi Pal, appellant is lodged in District Jail, Kurukshetra in some other case. They were to furnish bail bonds for his release but in the morning, Kavita (Jai Kumar's wife), made a request that they should not get Rishi Pal released on bail as 3-4 days before raksha bandhan Rishi Pal tried to rape her. Rohtash witnessed the attempted rape and chided Rishi Pal, who inflicted a brick blow on the head of Rohtash, which led to the latter's death. Rishi Pal and his wife Dharmo buried the dead body of Rohtash in a room in the house. Jai Kumar also informed the police that his wife had told him that Rishi Pal had threatened her that in case she informed anyone, he would kill her and her husband.