PIARE Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide his judgment and order dated October 8, 1983, the learned Sessions Judge, Bhiwani, convicted the appellants under Section 302 read with Section 34, Indian Penal Code, and sentenced them, to undergo imprisonment for life each. Bir Singh, Lila, Kartar and Khushi. Ram who had also been sent up for trial were given the benefit of doubt and acquitted of the charges.

(2.) The appellants i.e. Piare and Roopa, are real brothers. It is said that the two appellants murdered Smt. Dhan Kauri, wife of Roopa appellant, on the night intervening 281 29th March, 1983, in village Siwana, Police Station Bawanikhera.

(3.) The law was set into motion on the basis of F.I.R. Exhibit PA lodged by Ram Sarup P.W. 1, father of the deceased, at 2-10 pm on April 3, 1983 at Police Station Bawani Khera. According to Ram Sarup P.W.1 he had two daughters. The elder was Dhan Kauri about 17/18 years old, who was married to Roopa and the younger one, namely, Santa was married to Rameshwar. After her marriage, Dhan Kauri had visited her in-laws house on three or four occasions. About 10/15 days prior to this occurrence her husbands elder brother Lila had come to village Chikanwas and had taken her along to village Siwana. On April 2, 1983, one Parsa son of Neki Ram and Risala D.W. 1 had come to village Chikanwas and told him that his daughter Dhan Kauri had been strangulated to death by Roopa and Piare appellants. These witnesses also told him that one Kartara had gone to them and told them the whole story upon which they went to the house of the appellants and saw marks of injuries on the neck of Dhan Kauri deceased.