SATPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has filed this appeal challenging judgment dtd. 21/10/2013 passed by learned Additional Sessions Judge, Sirsa whereby he has been convicted for offences punishable under Sec. 302 read with Sec. 201 IPC as well as order of sentence dtd. 24/10/2013 vide which appellant has been sentenced to undergo rigorous imprisonment for life for offence punishable under Sec. 302 IPC. It is directed that life imprisonment in this case would mean imprisonment for whole life. Appellant has been sentenced to undergo rigorous imprisonment for three years, besides, pay a fine of '75,000/- and in default thereof, to further undergo rigorous imprisonment for a period of six months for offence under Sec. 201 IPC.

(2.) Brief facts of the case as per prosecution version are that, on 27/10/2010 ASI Raj Kumar (PW16), alongwith HC Pardeep Kumar and other officials were present at Barnala Road, Sirsa for patrolling and crime detection, when they received a telephonic message that head of a woman was found lying in the tank of Water Works situated at Chhatargarh Patti. ASI Raj Kumar (PW16) alongwith other officials reached at Water Works, Chhatargarh Patti where they met Chakkardhar son of Udmi Dutt, who was posted as Superintendant Water Works, Chhatargarh Patti, Sirsa. Statement of Chakkardhar son of Sh. Udmi Dutt was recorded wherein he stated that on 27/10/2010, he alongwith Dwarka Parshad (co-employee) had come to the Water Works in regard to maintenance of tank. At about 10.30 a.m., they saw head of a woman lying in a decomposed condition at the eastern-southern side. It appears that an unknown person had thrown away the head of woman after murdering her with an intent to destroy it. Legal action against unknown person was sought. Formal FIR No.722 dtd. 27/10/2010 under Ss. 302/201 IPC was registered. Investigation was carried out by PW18 Inspector Mouji Ram. Statement of PW8 Veerpal Kaur (niece of the deceased and appellant), PW9 Vishal (son of the deceased and appellant), PW13 Baldev Singh (brother of the deceased), Anita wife of Baldev and PW15 Rajinder were recorded. Appellant (husband of the deceased) was arrested on 29/10/2010.

(3.) PW13 Baldev Singh, brother of the deceased, stated that his sister Rani @ Veerpal Kaur was married to Satpal (appellant) 13 years ago. Two daughters and a son were born out of the wedlock. He stated that on 18/10/2010, appellant took his sister Rani @ Veerpal Kaur from Sardulgarh, i.e. where Baldev Singh resides, to Sirsa and that on 22/10/2010, appellant informed that Rani @ Veerpal Kaur (deceased) had left her home and Baldev Singh should find out from the relations as to where she had gone. Baldev Singh stated that he inquired from all his relatives about his sister, Rani @Veerpal Kaur but she could not be found and that on 29/10/2010 they came to know that a decapitated head of a female had been recovered from a tank of Water Works at Chhatargarh Patti, upon which they came to enquire from Police Station. He and his wife, Anita identified the chopped off head to be of Rani @Veerpal Kaur, his sister from artificial earrings and nose pin which were worn by her. He further stated that he was confident that his brother-in-law (appellant) had chopped off her head with a sharp edged weapon and thrown the same in the tank of Water Works, Chattargarh Patti and had thrown remaining body parts somewhere else. His wife, Anita suffered statement on 29/10/2010 on similar lines.