DHARMINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order, shall dispose of CRA No. D -325 -DB of 2002 filed by the appellants against the judgment and order dated 16.4.2002, passed by learned Additional Sessions Judge, Nawanshahr, vide which appellants Dharminder Kumar @ Happy, Sukhdev Rani and Chaman Lal @ Ghagu have been convicted under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life each and fine of Rs. 2,000/ - each, in default thereof, to undergo further rigorous imprisonment for six months each. They have also been convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for five years each and to pay fine of Rs. 1,000/ - each, in default thereof, to undergo further rigorous imprisonment for six months each. Accused Parkash Singh has been convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 1,000/ -, in default thereof, to undergo further rigorous imprisonment for six months.

(2.) THE case was registered on the basis of a handwritten complaint dated 13.3.1999 (Ex.PBB) signed by 10 persons of the mohalla (locality) including Vijay Rani against the accused regarding the murder of Neelam Rani. It was stated in the complaint that on 2.3.1999 at about 7:30 PM, accused Rani Devi (also known as Sukhdev Rani), Happy (Dharminder Kumar) and Ghagu Mistri (Chaman Lal) beat up Neelam Rani, daughter of Amar Nath with dandas and when she was gasping, she was administered some intoxicating drug, as a result of which she died. Thereafter, Neelam Rani was put in a white coloured Maruti van and accused Rani Devi, Happy, Raju and Ghagu Mistri took her (Neelam Rani) to the house of Kamla nurse. Thereafter, in order to dispose of the dead body, they started searching for another vehicle. Then, they arranged one Matador No. HR -01 -D -6092. Rinku son of Surinder Kumar was arranged as driver and in order to dispose of the dead body, all the said persons took the dead body towards Ludhiana. The complainants further stated that they have come to know from the respectables of the locality that Kunti Devi wife of Prakash is husband's sister of Rani Devi. All these accused took Matador No. HR -01 -D -6092 to some other place and after disposing of the dead body, all of them came back and started proclaiming in the locality that they have cremated their daughter. Then, all the complainants went to Rahon police station on 3.3.1999 and orally narrated the entire story to ASI regarding the said murder, but he did not take any action. Thereafter, they kept mum as accused had kept Beer Sahib in their house for simple path in the memory of the departed soul. It was further stated in the complaint that today, the bhog of simple path has taken place. Therefore, it is requested that the accused should be arrested and action should be taken against them.

(3.) ON receiving the said complaint, SI Ram Lubhaya of Police Station Rahon conducted an inquiry and thereafter, FIR No. 10 (Ex.PF) under Sections 302, 201/34 IPC was registered against the abovesaid accused on 16.3.1999.