ROHIT AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this revision petition is the order dated 10.9.2012 (Annexure P-1) vide which the petitioners have been summoned under Section 319 Cr.P.C. to stand trial for the offence under Section 302 IPC in case FIR No.467 dated 14.12.2010, registered at Police Station Barwala District Hisar.

(2.) Briefly stated, the above said FIR was registered at the instance of one Hawa Singh son of Albel Singh who has stated that he has two daughters and one son. He is married with Jiwani d/o Sheochand. His wife is the only daughter of her parents and she was having 18 acres of land in her name. On 16.5.2010, his younger daughter namely Urmila aged about 19-20 years had performed Court marriage with Rahul son of Harpal. His elder daughter namely Sunita aged about 23/24 years was unmarried.

(3.) Rahul's maternal uncle Satyawan son of Ami Lal wanted to marry his elder daughter-Sunita with Rahul's younger brother Rohit to which she did not agree. On 14.12.2010, the complainant and his wife had left for village Bhara Khera from home at about 12 O' clock and Sunita and Urmila were at home. When they returned back to their house in Laxmi Vihar, Barwala at about 4 O' clock in the evening, they found that their daughter Sunita was lying dead on the floor of the house. The complainant and his wife had seen Rohit, Rahul and their maternal uncle Satyawan running away from the house. There were throttling marks on her neck and chin and a black mark on her right palm. A loose electricity wire was lying in the Baithak. The complainant has further stated that his daughter has been murdered by Rahul, Rohit and Satyawan with intention to grab her land.