JOGINDER SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) All the four accused, namely, Sultan Singh, Ram Singh, Sher Singh @ Shera and Joginder Singh were convicted under Section 120-B IPC. They were each sentenced to undergo 8 years R.I. And to pay a fine of Rs. 5000/- each and in default of payment of fine to undergo a further R.I. for 6 months. Accused Joginder Singh was convicted under Section 302 IPC also and was sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo further R.I. for 1year. Accused Sultan Singh, Ram Singh and Sher Singh have jointly preferred Crl.A. No.690-SB of 2005 and accused Joginder Singh has separately filed Crl.A. No.297-DB of 2005 challenging the judgement of conviction and sentence passed by the trial Court. As both the appeals have arisen out of the same judgement, Crl.A. No.690-SB of 2005 also was tagged with Crl.A. No.297-DB of 2005 for common disposal.

(2.) The brief facts of the case of the prosecution is that deceased Laxmi Devi, younger sister of PW1 Balwant Singh and mother of PW9 Karamjeet Kaur was given in marriage to accused Joginder Singh. The other two accused Sultan Singh and Ram Singh are the brothers of accused Joginder Singh. Accused Sher Singh @ Shera is the son of accused Sultan Singh. Deceased Laxmi Devi was blessed with 4 daughters including PW9 Karamjeet Kaur. As there was no son born to accused Joginder Singh through his wife Laxmi Devi, he was adamant to adopt accused Sher Singh @ Shera, the son of accused Sultan Singh and alienate substantial property in the name of Sher Singh. It was stoutly resisted by deceased Laxmi Devi. Accused Joginder Singh who was a truck driver by profession used to beat his wife Laxmi Devi after having fully drunk.

(3.) On 28.12.2003, at about 10.00 p.m. as per instructions given by accused Sultan Singh, Ram Singh and Sher Singh, accused Joginder Singh tied Laxmi Devi to the cot in the bedroom and set fire to her after sprinkling kerosene oil on her.