RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No.333-DB of 2007 filed by Ram Niwas against the judgment of conviction dated 8.2.2007 and order of sentence dated 9.2.2007 whereby the appellant Ram Niwas was convicted for the offence punishable under Section 302 Indian Penal Code (for short IPC) and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine, he was to undergo further rigorous imprisonment for six months as well as the Criminal Revision No.619 of 2008 moved by Satbir Singh (father of the deceased) against the order of acquittal qua Raj Kumar, Rama Devi, Mann Singh and Bimla.

(2.) The case of the prosecution case is that on 10.1.2006, Sh. Kuldeep Singh, the then Judicial Magistrate Ist Class, Rohtak, recorded the statement of Santosh (who died on 14.1.2006) to the effect that on the previous night, her sister-in-law - Bimla, her mother-in-law Rama Devi, her brother-in-law Raj Kumar (Jeth) and her husband Ram Niwas beat her up. Mann Singh, Bimla's husband was serving in the Police Department in Gurgaon, who was also called. Raj Kumar and Mann Singh caught hold of Santosh at about 8:00 p.m. while her mother-in-law doused kerosene oil on her and Bimla set her on fire. All the culprits fled from the spot. Her screams attracted the neighbours who took her to the hospital. On the basis of the said statement, a case under Section 307 IPC was registered against all the persons named by Santosh. After her death on 14.1.2006, the case was converted into one under Section 302 IPC. During investigation, it was found that there was no evidence against Mann Singh and Bimla. Therefore, charge-sheet was filed by the police against Ram Niwas, Raj Kumar and Rama Devi.

(3.) Charge was framed against above named persons under Section 302 IPC read with Section 149 IPC to which they pleaded not guilty. The prosecution examined 11 witnesses namely Kuldeep Singh, Judicial Magistrate Ist Class, Bhiwani, Dr. Rajesh Jale, Inderjit, Constable Anil Kumar, ASI Hari Singh, SHO Dheeraj Kumar, Girish Kumar, Sunil alias Sunder, Satbir Singh, Rajesh and ASI Shamsher Singh as PW1 to PW11.