BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant Balwan Singh has preferred the present appeal against the judgment and order dated 20.03.2008/24.03.2008, convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5,000/- under Section 302 IPC and in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) Prosecution story in brief is that FIR was registered on the statement of Manphul complainant recorded at 3:30 p.m. on 24.03.2006 by Sub Inspector Vinod Shankar, SHO, Police Station Barwala. In the statement, complainant Manphool stated that he sells fruit on a rehri at Sabzi Mandi Chowk, Hisar. He has two sons Kuldeep and Suraj and one daughter Rekha. He had married her daughter Rekha with her consent and the consent of his family in Arya Samaj Mandir, Hisar on 29.10.2005 with Balwan son of Chandgi Ram, Jat, resident of Sarhera. After her marriage, Rekha resided with her husband in Sarhera. Balwan mostly went to attend the Satsang and did not do work in the fields. Her daughter Rekha made to understand Balwan at several times that he should work in the field and stopped him to go in Satsang. Due to this reason, there used to be quarrel between the husband and wife and Balwan gave beatings to Rekha at number of times. Rekha had also complained about this to him and her mother. They tried to make understand Balwan at several times but he did not pay any heed and continued to attend the Satsang. About 3-4 days back, Rekha told through telephone that Balwan was harassing and beating her daily and asked them to come. However, due to some reasons, they could not go to their daughter Rekha. On 24.03.2006 at about 10/10:30 a.m., a telephone was received in their house at Hisar from someone of village Sarhera that Balwan had murdered their daughter Rekha during the night and asked to come and take care of her daughter and disconnected the telephone. On this, complainant Manphool alongwith his wife Ram Piari and his son Kuldeep reached at the house of Balwan at village Sarhera and found his daughter lying dead straight on a cot. There was injury on the left side of her cheek near the lips and also a mark of blackness from which it appeared that Balwan Singh had murdered his daughter Rekha by giving her electric shock. Leaving his wife Ram Pyari and son Kuldeep near the dead body, complainant went to give information to the police and his statement was got recorded by Sub Inspector Vinod Shankar, Investigating Officer. Ruqa was sent to the police station for registration of the case. Thereafter, Investigating Officer alongwith Manphool and Photographer Raj Kumar visited the place of occurrence. In the house of accused Balwan, photographs of the place of occurrence was got clicked by photographer. After inspecting the place of occurrence, rough site plan was prepared.

(3.) Investigating Officer also prepared the inquest report Ex.P12 of the dead body of Rekha. Some broken pieces of bangles, which were lying near the dead body and one pajami (inner) were also taken into possession vide recovery memo Ex.P2. Dead body of Rekha was sent to Civil Hospital, Hisar through Constable Devi Lal for conducting the post mortem examination alongwith application Ex.P11. Dr.Suresh Kumar, Medical Officer, General Hospital, Hisar, conducted the post mortem on the dead body of Rekha on 25.03.2006 and found following injuries on her person:-