CHHABAG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) WE have heard the learned counsel for the parties at length and perused the judgment with the assistance of the learned counsel for the parties.

(2.) LEARNED counsel for the applicant/appellant has emphasized that the applicant/appellant No. 4 is a 19 year old unmarried girl. According to the learned counsel, she has been falsely implicated merely because she happens to be the sister of Harvinder Singh, the husband of the deceased.

(3.) THE allegations against the applicant/appellant No. 4 are that she as also the other appellants had demanded a car from the partners (parents ?) of the deceased. This has been so stated by Baldev Singh-PW9 who is the nephew of the complainant-Hardeep Singh. In the order under appeal, the involvement of the applicant/appellant No. 4 has been recorded, on the basis of the cross- examination of Hardeep Singh complainant, PW8. He stated that on getting information regarding murder of his daughter Rajwinder Kaur, they reached the house of the accused and saw the accused including the applicant/appellant No. 4 sitting near the dead body. The applicant/appellant No. 4 has taken the plea that she was not present at the place of occurrence as she had gone to her maternal uncle. Her grandfather Dalip Singh appeared as DW-2 in support of her aforesaid stand. This plea has not been accepted by the learned trial court in view of the afore-referred deposition made by Hardeep Singh PW-8 in his cross-examination. The applicant/appellant No. 4 is 19 years of age. She was on interim bail at the time of passing the order under appeal. The case is based on circumstantial evidence. The other appellants who are the husband of the deceased and his parents have been convicted and are in custody.