USHA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No.D-733- DB of 2006, filed by appellant Smt. Usha Devi and Criminal Appeal No.D-824-DB of 2006, filed by appellant Ram Bhagat as these arise out of the same judgment dated 24.08.2006 and order of sentence dated 28.08.2006 passed by the Sessions Judge, Narnaul vide which they have been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each on each count and in default of payment of fine to further undergo rigorous imprisonment for one year each on both counts under Sections 120-B and 302 IPC. They have also been convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each under Section 201 IPC.

(2.) Brief facts of the prosecution case are that Hukam Chand (deceased) was the younger brother of Fakir Chand complainant, who was a teacher in private school at Dhanunda and also used to teach the wards of Rajbir, his uncle's son. Rajbir was serving in the Army and his wife Smt. Usha alongwith her children was residing in the neighbourhood of the complainant. On 09.09.2005, in the night, Hukam Chand had gone to the house of Rajbir to teach his children as usual. After that he started watching TV there and slept there watching TV. In the night at about 2:00 a.m., Hukam Chand came to his house holding his neck by both hands and knocked the door. The complainant opened the door and saw that Hukam Chand was crying. Father of the complainant, his younger brother Vikram Singh and their neighbour Ishwar, Ved Pal, Ramji Lal Panch, Vir Singh, Balwan, Dalip came there and they asked Hukam Chand as to who had hit him. Then Hukam Chand said Bhagatia son of Mam Chand by coming to the house of Usha had given a 'kulhari' blow to him. Injured was shifted to Civil Hospital, Kanina. Doctor after giving first aid, referred him to PGIMS, Rohtak. In the way, Hukam Chand died and then the complainant party returned to village Dhanunda. The motive for the occurrence was illicit relation of Smt.Usha wife of Rajbir with accused Ram Bhagat and both were not paying any head to their advise. Earlier, Bhagatia gave poison in the barfi to Pardeep, son of Rajbir, in which proceedings Hukam Chand had taken active part. PW9 Dr.Ram Mehar, who medico legally examined Hukam Chand in CHC, Kanina on 10.09.2005, found following injuries on his person:-

(3.) The doctor sent ruqa at 4:30 a.m. on 10.09.2005 to Police Station, Kanina. On receiving ruqa, Sub Inspector Shiv Karan, SHO, alongwith other police official reached at CHC, Kanina where the doctor told that injured Hukam Chand has been referred to PGIMS, Rohtak. Police received telephonic message at about 5:30 a.m. on 10.09.2005 from one Surat Singh regarding the death of Hukam Chand and the police reached village Dhanonda where statement of Fakir Chand complainant was got recorded. Ruqa was sent on the basis of which FIR was registered. Inquest report Ex.PP was prepared and the dead body of Hukam Chand was sent for postmortem examination. On 10.09.2005, Dr.Ranveer Singh (PW10) alongwith Dr.Surender Yadav conducted the post-mortem examination on the dead body of Hukam Chand, who found following injuries on his person:-