NANDGIRI @ NANDA AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants had faced trial qua commission of offence punishable under Sections 302 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 151 dated 10.6.2009 registered at Police Station Baroda. The trial Court vide judgment/order dated 16.8.2011 and 24.8.2011 ordered the conviction and sentence of the appellants under Sections 304 Part II IPC. Hence, the present appeal by the appellants.

(2.) Prosecution story, in brief, is that Nirmala was under treatment of appellant- Nand Giri. On 07.06.2009 at about 9.00 a.m., Nirmala was taken to the Dera of appellant- Nand Giri for replacement of Tabeez by her family members. Appellant- Nand Giri and his disciple appellant-Rajesh took Nirmala to the first floor of the Dera which was being used for practicing witchcraft. Sandeep and his family members were instructed to stay on the ground floor. After some time, they heard the voices of the appellants asking Nirmala about the evil spirit. Appellant-Rajesh gave slaps and fist blows to Nirmala, whereas, appellant-Rajesh gave beatings to Nirmala with Chimta (tongs). Nirmala raised alarm killed killed. Sandeep along with his sister-Poonam reached the first floor and tried to open the door. They peeped through the window and saw that appellantNand Giri was giving Chimta blows on the person of Nirmala and appellant-Rajesh was giving slaps to Nirmala. Then, Sandeep and his sister brought Nirmala downstairs where his other family members were sitting. Nirmala was unconscious and died after some time.

(3.) On 07.06.2009, ASI Balwan Singh conducted the inquest proceedings qua dead body of Nirmala and sent the dead body for post mortem examination.