MAHENDER SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 9/11.11.2002 passed by Sh. Dhani Ram, Additional Sessions Judge (Adhoc), Karnal, vide which the accused appellants Mahender Singh and Ajaib Singh have been convicted under Section 304 Part I IPC and sentenced them to undergo rigorous imprisonment for a period of 5 years each and to pay fine of Rs. 2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each.

(2.) The law was set in motion by recording the statement of Dara Singh complainant who had stated that his younger brother Gurdev Singh had illicit relations with Kinder Kaur daughter of accused AjaibSingh. On 12.6.1999 at about 3.00 A.M. ( midnight ) two accused Mahender Singh and Ajaib Singh put complainant's brother Gurdev Singh after causing beatings to him on a manure heap situated near complainant's Dera known as Harbans Singh's Dera in the area of village Thal. Then they awakened the complainant and his father who were asleep in their Dera and told that they had put Gurdev Singh on the manure heap. They further disclosed that due to illicit relations, he has been given injuries. The complainant and one Purshotam Singh took Gurdev Singh in a trax to hospital in Malerkotla, where after some time Gurdev Singh succumbed to his injuries. Thereafter the present case was registered.

(3.) After investigation, challan was presented against the accused. Case was committed to the Court of Sessions. Charge under Section 302 IPC read with Section 34 IPC was framed against both the accused, to which they pleaded not guilty and claimed trial.