RAM PHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of ours will dispose of both the appeals mentioned above as both these appeals have arisen out of the same judgment of conviction dated 16.04.2010 passed by the then learned Additional Sessions Judge, Faridabad vide which appellant Ram Phal has been held guilty and convicted for offences punishable under Sections 302, 307 Indian Penal Code (for short IPC) and Section 25 of Arms Act. Appellant Parkasho Devi has been held guilty and convicted for offence punishable under Sections 302/ 34 and 307/ 34 IPC and the order of quantum of sentence of even day, vide which appellant Ram Phal has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two years for the offence punishable under Section 302 IPC and to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 307 IPC and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3000/- and in default of payment of fine to undergo rigorous imprisonment for a period of six months for the offence punishable under Section 27 of Arms Act( for short Act).

(2.) Appellant Parkasho Devi was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 302 read with Section 34 IPC and to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 307 read with Section 34 IPC. The aforesaid sentences were ordered to run concurrently.

(3.) The brief facts of the prosecution case are that on the intervening night of 7/8 October 2008, PW-12 Inspector Surinder Singh, SHO Police Station Suraj Kund was present near Eros Garden on patrolling and crime checking. He received a wireless message that Manoj son of Ram Phal resident of Mewla Maharajpur had died at the Escorts Medical Centre, Faridabad on account of fire arm injury. He reached the hospital, where PW-1 Babita wife of deceased Manoj met him and got her statement recorded, wherein she stated that she was married with Manoj about ten years back. Her husband was 30 years of age. Her sister Anita was married with her brother-in-law Parmod (Devar). She had three children from the loins of Manoj. Her father-in-law Ram Phal resides separate. Her mother-in-law had expired about five years back. Her father-in-law was keeping appellant Parkasho Devi with him for the last about three years. Her husband, brother-in-law and father-in-law reside separate. Her father-in-law had not give any share from the property to her husband. Her husband was earning the livelihood by plying four wheeler. Whenever, he demanded share in the property from her father-in-law, he raised quarrel and refused to give any share. On 07.10.2008, at about 10.30.p.m they came to know that her father-in-law along with Parkasho Devi were hurling abuses to them. She and her husband came to the house of her brother-in-law Parmod. Both the appellants started hurling abuses to them at loud voice. Deceased, the husband of the complainant, told appellant Ram Phal that he had already ruined them ever since he had kept Parkasho Devi with him. Due to which, they were not able to face the society and that in case he wanted to give share in the property, he should give it instead of raising daily quarrel. At this, her father-inlaw got enraged and brought his licensed gun from inside the house and appellant Parkasho Devi brought a sword. Her father-in-law placed the gun at the chest of her husband and stating that he will give him the share fired the shot at the chest of her husband. Her husband fell down on the ground and blood started oozing. As she tried to lift him, her father-in-law fired another shot at her, which somehow did not hit her. Parkasho Devi aimed the sword blow on her, but she escaped by having a fall on the side. After hearing her noise, PW-2 Amit, Parmod her brother-in-law (Devar) and sister Anita were attracted to the spot and on seeing them arriving at the spot, the appellants fled away from the spot while leaving their weapons. The complainant, Amit and Parmod removed the injured to Escort Hospital, Faridabad, where he was declared brought dead. On the statement of complainant Ex.PC, FIR Ex.PC/2 was recorded and investigation was started.