RAMJANO Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant -Ramjano, wife of Rattan Kumar, resident of village Surha, Police Station Jhajjar, has filed the present appeal for challenging the judgment and order dated 30.3.2010/1.4.2010 passed by learned Additional Sessions Judge (Fast Track Court), Jhajjar whereby she was convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) According to the prosecution, on 4.8.2008 at 11.30 a.m., complainant - Lillu Ram got recorded his statement Ex. P1 before SI/SHO Sat Narain on bridge of drain No. 8 in the area of village Silani wherein he stated that he was resident of village Surha and doing labour work. He had three sons, namely, Rattan Kumar, Himmat and Jonny besides two daughters. Both of his daughters and sons Rattan Kumar and Jonny were married. Rattan Kumar alongwith his wife Ramjano (the appellant) was living in the Chaubara of his house. Rattan Kumar had a daughter aged about 6 years and a son aged about 4 years. The complainant's third son Himmat was unmarried. The appellant had illicit relations with his son Himmat. So much so that the appellant and Himmat had left the house and lived together twice. The complainant and his son Rattan Kumar had tried to make them understand. Though Himmat did not intend to live with Ramjano but it was Ramjano, who had been insisting upon living with him. On that day i.e. 4.8.2008 at about 7.30 a.m., the complainant and his wife Amana were sitting on a cot in the compound of their house whereas Himmat was sleeping in a large room on the ground floor. In the meantime, appellant -Ramjano while holding a kulhari in her hand came down from the Chaubara and, in their presence, she gave two blows with the kulhari on the neck of their son Himmat while he was still sleeping. The complainant and his wife went inside the room and tried to take care of Himmat. However, on account of the injuries received on his neck, he breathed his last. While carrying kulhari, Ramjano left the house. Thereafter, the complainant went upstairs and called his son Rattan Kumar, who did not respond. The complainant went inside the Chaubara and saw that Rattan Kumar was lying dead and his dead body lying wrapped in a cloth sheet. There were marks of injuries with the sharp edged weapon on the back of his neck and a lot of blood had oozed out. According to the complainant, his two sons Rattan Kumar and Himmat had been done to death by Ramjano and, accordingly, he pleaded for taking action against her.

(3.) Further case of the prosecution is that as the statement of complainant - Lillu Ram disclosed the commission of offence under Sec. 302 IPC, SI Sat Narain after making endorsement Ex. P52 on statement Ex. P1, sent it to the Police Station for registration of a case through EHC Mahabir Singh. Accordingly, FIR No. 438 dated 4.8.2008 (Ex. P2) under Sec. 302 IPC was registered at Police Station Jhajjar at 12.05 p.m. Special report sent through Constable Satyawan was received by the Chief Judicial Magistrate, Jhajjar on 4.8.2008 at 12.30 p.m.