KULDEEP SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) CONVICTS Kuldeep Singh and Chander Singh, son and father duo, are in appeal to challenge judgment of conviction dated September 15, 2003 and order of sentence dated September 18, 2003 whereby Court of learned Sessions Judge, Sonipat has convicted and sentenced them to rigorous imprisonment for a term of eight years and a fine amounting to Rs. 3000/ - and in default of payment of amount of fine to further rigorous imprisonment for a term of two years, each, under Section 306 read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC') and rigorous imprisonment for a term of two years under Section 201 read with Section 34, IPC, each.

(2.) AS per prosecution's chronicle, Bimla (here -in -after referred to as "the deceased"), who died on November 13, 1999, was married to appellant Kuldeep Singh about twelve/thirteen years prior to her death. Members of her matrimonial family would continually harass her. One and a half years before her death, they (members of her matrimonial family) gave beatings to, and turned the deceased out of the matrimonial home but about twenty five days before the occurrence she was taken back (to her matrimonial home) by a "Panchayat".

(3.) A plea of not guilty and a claim to be tried having been put up by the appellants, prosecution examined the Complainant as PW3 and Complainant's son Subhash as PW4 to bring on record the prosecution version, Assistant Sub Inspector Ram Avtar, who recorded FIR, Exhibit PA/1, as PW1, Constable Ram Niwas, who took the special reports to the quarters concerned, as PW5, Constable Jagbir Singh, who prepared scaled site plan, Exhibit PB, of the place of occurrence, as PW2, and the Investigating Officer, Sub Inspector Shamsher Singh as PW6 to highlight various stages of investigation.