GIRRAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Girraj has filed this appeal against the judgment of conviction and order of sentence dated 25.2.2008/1.3.2008 passed by Additional Sessions Judge, Faridabad, whereby he has been held guilty and convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 302 IPC. He has also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 201 IPC. Both the substantive sentences have been ordered to run concurrently. Other accused Sita Ram, Daya Rani, Tek Chand, Joginder and Azad have been acquitted of the charges framed against them.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of application given by Amar Chand complainant to Superintendent of Police, Palwal, which is Ex.PA at about 5.50 p.m. on 7.7.1999. In the application, it is stated by the complainant Amar Chand that his daughter Smt. Hoshiari Devi was married about eight years ago with Girraj and she had been living along with her children and family at Adarsh Colony since 2/21/2 years and her father-inlaw was also residing with her. Just after marriage, his daughter was harassed and usually beaten regularly by her husband, mother-in-law, father-in-law and other family members. The dowry was demanded and they had been fulfilling their demands from time to time and were trying to save her house. Azad and Joginder two sons of Tek Ram (brother of Sita Ram) father-in-law of his daughter, were also residing in this very house.

(3.) On that day, in the night at about 2 O'clock, Girraj came to their house and told that his daughter had been injured and was lying unconscious at the house. On this, the complainant, his wife Shanti and neighbours Samunder Singh, Gian Chand went to their house to see his daughter and his daughter was unconscious and on this they all were asked to bring a doctor immediately. As they reached there, in his absence, they had thrown his daughter on the railway track in unconscious condition. At that time, children of his daughter were also lying there. When they again reached there, they were told that his daughter had been missing. They went here and there to search his daughter. Girraj, Sita Ram, Daya, Azad and Joginder had killed his daughter. The dead body was lying on the railway track. On the basis of this application, formal FIR was registered.