RAJBALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of CRA No.D -34 -DB of 2010 filed by Rajbala and her husband Subhash Chander and CRA No.D -46 - DB of 2010 filed by Suresh Kumar against the judgment and order dated 19.12.2009, whereby they were convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - each and in default thereof to further undergo rigorous imprisonment for one year each.

(2.) THE case pertains to double murder of Kamla widow of Ram Kumar and her 15 -16 years old daughter Reena on the intervening night of 26/27.06.2008 in Saini Mohalla, Narwana (Haryana). Phaggu Ram, brother of deceased Kamla had put legal machinery into action by making the statement Ex.PC to Inspector Ravinder Kumar, S.H.O., Police Station City Narwana, wherein he stated that his sister Kamla was married with Ram Kumar son of Jug Lal, resident of Saini Mohalla, Narwana about 35 years ago. Raj Kumar died in the year 1995. Kamla had four daughters. The eldest was Raj Bala and younger to her is Bhateri. Both of them are married. Then there were two younger daughters Reena and Rama, who were unmarried. Reena was 15 -16 years old and was studying in 7th class. Rama was away to meet her sister Rajbala. On 27.06.2008 at about 10.00 a.m., Subhash Chander accused, son -inlaw of his sister Kamla (since deceased) informed him on telephone that on the intervening night of 26/27.06.2008, Kamla and her daughter Reena have been murdered by breaking neck and pressing throat. Therefore, Phaggu along with other family members reached the house of his sister Kamla. There he found the dead bodies of Kamla and Reena lying in different rooms. According to Phaggu, Kamla and Reena were murdered by some unknown persons by breaking neck and pressing throat. He stated that murder had been committed due to some enmity or out of greed. Phaggu Ram went to inform the police. When he reached near Mor Patti Darwaja, he met inspector Ravinder Kumar, who recorded his statement (Ex.PC) and also recorded the police proceedings (Ex.PC/1) and sent the same to the police station, where formal FIR (Ex.PC/2) was registered.

(3.) THE police thereafter, visited the spot and prepared the site plan (Ex.PCC). The spot inspection was also carried out in the presence of Dr. Joginder Singh of FSL Team, Jind. From the spot, two pairs of chappal, one of plastic and other of rubber along with half burnt piece of cigarette lying near deceased Kamla were found and the same were taken into possession, vide recovery memo (Ex.PD). It was found that dead body of Reena was lying in under garments only and her salwar and shirt were lying on the cot in the verandah. The same were also taken into possession, vide recovery memo Ex.PE. From the spot, police also recovered one note -book, wherein the last page in Hindi it was written 'Balla come and he with me..'. Inquest report (Ex.PX/1) was prepared. Postmortem of the dead body was got conducted.