RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAJINDER Singh, Mst Janki and Kumari Kamla appellants were found guilty by the learned Sessions Judge, Narnaul, of the murder of Mst. Vidya Devi wife of Rajinder Singh appellant and each one of them was sentenced to undergo imprisonment for life besides to pay a fine of Rs. 1,000/- or in default of payment thereof to further suffer two years' rigorous imprisonment under Section 302 read with section 34 of the Indian Penal Code. They were also found guilty of having treated Mst. Vidya Devi with cruelty and each on of them was awarded three years rigorous imprisonment under Section 498-A of the Indian Penal Code. Both the sentences were, however, ordered to run concurrently. Feeling aggrieved against the above referred order of conviction and sentence, the appellants have come up in appeal.

(2.) IN brief, the facts of the prosecution case are that Mst. Vidya Devi daughter of Rama Nand CPW2) was married in the year 1983 to Rajinder Singh accused appellant. Mst. Janki is the mother-in-law of the deceased while Kumari Kamla is her sister-in-law. The deceased gave birth to two premature children who were born dead while the third child died thereafter. Rajinder Singh accused being the only son of his parents, all the accused started maltreating Mst. Vidya Devi on the grouse that she had failed to bring adequate dowry and was not capable of producing any child. As per report dated 28.3.1989 Ex. PJ, lodged by Rajinder Singh accused with ASI Azad Singh (PW 10) Mst. Vidya Devi while drawing water from the well with a bucket accidentally fell therein and died. Her dead body was taken out of the well. ASI Azad Singh than rushed to the spot and prepared inquest report Ex. PA/2 on the dead body and despatched the same for post-mortem examination. Rama Nand, father of the deceased was informed by someone from the family of the accused on the evening of 27.3.1989 that Mst. Vidya Devi was having pain in her stomach. On this Chhotu Ram and Tara Chand, brothers of the deceased, went to village Ratta Kalan for inquiring about the health of their sister but on reaching there, they found her dead. They returned to their village Ghatesar and informed their father Rama Nand of the death of their sister.

(3.) RAMA Nand, father of the deceased continued verifying about the cause of death of her daughter for about 4 days. He then suspected all the three having killed his daughter and went to Police Station Ateli for lodging report on 30.3.1989 but nobody paid any heed to his allegations but he was directed to come to the police station on the next day. On 31.3.1989 he again left for the police station for lodging the report but happened to meet Shri. V. Kamraj, Assistant Superintendent of Police. Incharge of Police Station Ateli at Bus Stand of Ateli Mandi. He lodged report Ex. PB which was concluded at 7.30 a.m. and on its basis, a case under Section 302-B read with section 34 of the Indian Penal Code was got registered at Police Station Ateli through Head Constable Ram Singh at 7.45 p.m. A special report of the case was conveyed to the Illaqa Magistrate on the same night at 11.05 p.m. through constable Sumer Singh. Mr. Kamraj (PW9) then visited the spot in the company of Rama Nand (PW 2) and interrogated some persons. He also prepared visual site plan Ex. PF of the spot on 1.4.1989. He also rested Mst. Janki and Kumari Kamla accused from their house located near the tubewell on 1.4.1989. Mst Janki in pursuance of disclosure statement Ex. PG got recovered a lathi Ex P-2 from the gunny bags lying in her room. It was wrapped in a sealed parcel and taken into possession. On interrogation Kumari Kamla accused vide disclosure statement Ex. PH disclosed and got recovered lathi. Ex. P-3 from the dry fodder lying in her house. It was also wrapped in a sealed parcel and taken into possession.