CHAND SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Chand Singh has filed this appeal against the judgment and order 5.9.2009, passed by the court of Sessions Judge, Fatehabad, whereby he has been convicted under Section 302 IPC for committing the murder of his real sister Gurmail Kaur and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/-, in default to pay fine, to further undergo rigorous imprisonment for a period of three years.

(2.) Briefly, the case of the prosecution, which is based upon the statement (Ex.P2) made by Gurmail Singh (PW.3), brother of the appellant, before the police on 15.3.2009 at 9.05 PM, is that the complainant and his elder brother Chand Singh were residing separately from their parents. Their sister Gurmail Kaur (deceased) was married to Jagraj Singh. Out of this wed-lock, two sons, namely Jeewan Jot Singh (PW.4), aged about 12 years and Bharpur Singh, aged about 10 years, were born. It was stated that earlier, Gurmail Kaur was married to Jagraj Singh. Later on, about 10 years ago, he had died and thereafter, Gurmail Kaur along with her sons started residing with her parents. Subsequently, her parents had solemnised her marriage with Misri Singh, but their relations were not cordial. About three months ago, she (Gurmail Kaur) along with her sons again started residing with her parents. The complainant further stated that his sister Gurmail Kaur was ill for many days, due to which on 12.3.2009, his another sister Charanjeet Kaur had taken her to her village Bareta for providing her medicine. On 14.3.2009, the complainant and his mother Gurnam Kaur had gone to Bareta to bring back Gurmail Kaur. On the day of occurrence, i.e. on 15.3.2009 at about 7.30 AM, the complainant had taken her to his house and thereafter, he went for labour work. In the evening, at about 5.30 PM, after doing the labour work, when he was returning back to his house and reached near the house of Bawaria Singh, he heard the voice of his sister Gurmail Kaur saying "Mar Di Mar Di" and his nephew Jeewan Jot Singh was crying that his mother was being beaten by the appellant, his maternal uncle. Thereupon, the complainant saw that the appellant, his real brother, was inflicting injuries on the neck and mouth of his sister with an iron "Dattar". On seeing the complainant, the appellant along with the "Dattar" ran away from the spot. On hearing the noise, his mother had reached at the spot. It was further stated that the blood was oozing and there were signs of injuries on the neck and mouth of Gurmail Kaur. She was crying and telling that she was given injuries by the appellant. She was taken to the house of her parents so that she may be got treated. But after some time, she succumbed to her injuries. Later on, several people of the village reached there. The complainant along with Pohla Singh (PW.1) went to the police to lodge the report and in the way, in the area of village Jamalpur Shekhan, the police met them, where statement (Ex.P2) of the complainant was recorded. It was also stated by the complainant that his brother had committed the murder of his sister having suspicion on her character.

(3.) On the basis of the aforesaid statement, formal FIR (Ex.P29) was registered against the appellant on the same day at 9.35 PM. Thereafter, the police reached the house of parents of the deceased, took photographs (Ex.P34 to Ex.P41) of the dead body. After spot inspection, the blood stained earth was lifted from the place of occurrence, which was taken into possession vide memo Ex.P4. The blood stained earth was also lifted from the place where the dead body was lying and the same was taken into possession vide memo Ex.P5. The rough site plan (Ex.P43) of both these places was prepared. The inquest report (Ex.P13) was prepared. The dead body was sent to Civil Hospital, Tohana for post mortem examination.