MADAN AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants, namely, Madan and Parmod lay challenge to the judgment of conviction and order of sentence dated 27.02.2007 and 28.02.2007, respectively, passed by the Additional Sessions Judge, Hisar (hereinafter referred to as 'the trial Court'), whereby they have been convicted and sentenced for commission of offence punishable under Section 302 and 411 of Indian Penal Code (hereinafter referred to as 'IPC') in sessions case No. 53 of 2004 relating to FIR No. 99 dated 24.03.2003, under sections 302, 381, 120-B, 212, 216 IPC, registered at Police Station Civil Line, Hisar, as detailed herein below:- <FRM>JUDGEMENT_393_LAWS(P&H)4_2013_1.html</FRM>

(2.) The case, in hand, pertains to murder of one Sheela Devi wife of late Shri Dharam Singh, resident of House No. 1166, Urban Estate-II, Hisar. Ajaybir Singh, Complainant, son of the deceased telephonically informed the police about the occurrence. Intimation was sent to the Forensic Science Laboratory, Madhuban, Hisar. Statement of complainant, Ajaybir Singh was recorded, alleging therein that Rajender son of Harpat Singh, employed as salesman at the petrol pump, came to the complainant's house in the early morning hours of 24.03.2003 and noticed Sheela Devi (his mother) lying on the floor inside her room and informed the complainant, who is staying in the same house on the first floor. The complainant and Rajender found Sheela Devi lying dead. Her feet were tied with a cloth and a chunni was girdled around her neck. The articles of the rooms were lying scattered. The complainant found that two days sale receipts of the petrol pump and some jewellary of the victim were found missing. Laxman, a servant working in the house of the victim, was not found available in the house. The complainant expressed his suspicion that either Laxman himself or with the help of his companions have killed his mother, robbed cash, jewellery and fled.

(3.) A team from the Forensic Science Laboratory, Madhuban, Hisar reached the spot, inspected the scene of crime, took photographs of the dead body and the chance prints available on the spot were lifted. A site plan of the place of occurrence was prepared. Inquest proceedings were conducted on the dead body and post mortem examination was got done. Statements of the witnesses were recorded.