PUSHPA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PUSHPA Devi wife of deceased Balraj Singh has filed the instant appeal against the judgment dated 12.4.2013 passed by the court of Sessions Judge, Rohtak, whereby accused Satish Kumar, Rakesh and Anoop (respondents No.2, 3 and 4 herein) have been acquitted of the charges under Sections 302 and 201 IPC for committing the murder of her husband.

(2.) THOUGH there is a delay of 128 days in filing the appeal and the appellant has filed application (Crl. Misc. No. 56 of 2014) for condoning the delay, yet we have heard learned counsel for the appellant on merits and have also perused the impugned judgment.

(3.) AS per the prosecution version, it is a case of blind murder and is based upon circumstantial evidence. On 12.12.2010, on receiving wireless message with regard to lying of a dead body along the fields situated adjacent to Chamarian Road, the police party headed by Bhim Singh SI/SHO of Police Station Sadar Rohtak, reached at the spot. Two cell phones were found lying near the dead body. On the basis of numbers available in one of those cell phones, family members of deceased Balraj were informed. Thereupon, Krishan (brother of deceased Balraj) along with his brother Kartar and one Sombir son of Balwan came at the place of occurrence. Krishan got recorded his statement to the police, on the basis of which FIR was registered. According to the complainant, the deceased was employed as a Peon in the Irrigation Department. Accused Satish, who was also employed as a Peon in the same department, had borrowed a sum of Rs. 2,00,000/ - from the deceased about six months ago. He had assured the deceased to return the amount within one month. In spite of repeated requests made by the deceased, the said amount was not returned by accused Satish. On 11.12.2010 at about 6.00 p.m., the complainant saw that near Bus Stand, Rohtak, his brother Balraj was standing with accused Satish, Rakesh and Anoop. In his presence, his brother Balraj asked accused Satish to return the amount, who promised to return the same along with interest after reaching his house in village Chamarian. Thereafter, Balraj accompanied the aforesaid three accused to village Chamarian on his motor cycle. On 12.12.2010, at about 10.00 a.m., complainant Krishan received a telephonic message from the police that dead body of his brother Balraj was lying in the fields adjoining to Chamarian Road. After reaching at the spot, he found injury marks on the head, face and neck of his deceased brother Balraj. He was sure that his brother was murdered by all the above named three accused by causing him injuries out of greed in order to avoid the return of the debt amount.