BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS Baldev Singh and Kiranpal Singh, both sons of Avtar Singh, were tried by the court of Sessions Judge, Karnal, under Section 302 read with Section 34 IPC, for committing murder of their widowed mother Mohinder Kaur, aged about 52 years. Vide judgment and order dated 4.4.2002, the trial court convicted both the appellants under Section 302 read with Section 34 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 10,000/ -, in default of payment of fine, to undergo further rigorous imprisonment for a period of two years, each.

(2.) IN this case, prosecution was launched against both the above named accused on the statement made by Banka Singh (PW.3) resident of village Dussain, maternal uncle of the accused and brother of deceased Mohinder Kaur. The said statement was recorded by Inspector Hari Kailash, SHO Police Station Nissing on 23.11.2000 at about 11 AM. As per the statement of the complainant, Smt. Mohinder Kaur was married to Avtar Singh, resident of village Nissing. Mohinder Kaur gave birth to two sons, namely accused Baldev Singh and Kiranpal Singh, and four daughters, namely Balwinder Kaur, Jatinder Kaur, Simarjit Kaur and Sarvjit Kaur, from the loins of Avtar Singh. Both the sons and all the four daughters were married. One of the daughter, namely Simarjit Kaur, was married to Hardeep Singh (PW.4) of village Nissing. The other three daughters were married in other villages. Avtar Singh had expired about 7 years back. He owned 18 acres of agricultural land situated in village Nissing. The said land was being got cultivated by the accused by leasing out the same to some person every year. Avtar Singh had constructed Dera (house) in the outskirts of village Nissing. Mohinder Kaur and both the accused used to reside in the said Dera under one boundary wall, but in separate portions. Mohinder Kaur had her separate meals in separate portion of the Dera. Both the accused used to harass and torture Mohinder Kaur in order to pressurise her to transfer the agricultural land in their name. They were not giving adequate money to their mother for her livelihood and to meet the expenses of visits of her daughters. Both the accused used to quarrel with Mohinder Kaur and many times, the matter was got compromised. On 22.11.2000, a dispute had taken place between Mohinder Kaur and both the accused regarding money. In the evening, Hardeep Singh (PW.4), son -in -law of Mohinder Kaur, whose house was situated near the Dera of Mohinder Kaur and the accused, went to the village of the complainant and told him that both the accused were harassing Mohinder Kaur regarding the expenses and had quarreled with her. Thereupon, on the next day at about 6 AM, the complainant along with Hardeep Singh reached the house of his sister Mohinder Kaur on a motor cycle. On reaching there, they heard the cries of Mohinder Kaur from her room. When they opened the door, they saw that accused Baldev Singh alias Pappu was holding shoulder of Mohinder Kaur, whereas accused Kiranpal Singh was pressing her throat. The complainant raised alarm, upon which both the accused fled away towards the fields. When the complainant went near Mohinder Kaur, he found that she had breathed her last. Then he called the members of his family by sending a message to them. In the meanwhile, many relatives and Jeth (elder brother of husband) of Mohinder Kaur gathered there. They tried to persuade the complainant not to report the matter to the police being a family matter, but the complainant and his family members decided to report the matter to the police. Thereupon, the complainant went to the Police Station to report the matter, by leaving Satnam Singh and Gurmukh Singh near the dead body of his sister Mohinder Kaur. Accordingly, the FIR (Ex.PB) was registered at 4.00 PM and the special report was delivered to the Ilaqa Magistrate at 8.30 PM.

(3.) ON 23.11.2000 itself, Inspector Hari Kailash along with other police officials visited the place of occurrence, prepared the inquest report (Ex.PC/2) and the rough site plan (Ex.PD). Vide application (Ex.PC/1), the dead body was sent to General Hospital, Karnal for post mortem examination.