KISHORI Vs. STATE OF HARYANA

JUDGEMENT

(1.) MOHAR Singh of village Chhilaro in district Mohindergarh was murdered in his own house during the night between 11th and 12th March, 1985. His widow Smt. Lado lodged the First Information Report on 9.30 a.m. on March 12, 1985 at Police Station Nangal Chowdhri, which was recorded by Sub Inspector Dilawar Singh (PW-5). There was no eye-witness to the occurrence Smt. Lado, in the First Information Report, expressed the suspicion that her husband had been put to death by his employers Maha Singh, Phulla, Kishori and Ram Sarup, who are brothers. During the investigation of the case the police came to the conclusion that Kishori accused had committed the murder whereas the first information Smt. Lado had lodged a false report with the attention of screening Kishori accused from legal punishment. Consequently, Kishoi accused was charged under Section 302, Indian Penal Code (hereinafter called 'the Code') and Smt. Lado under Section 201 of the Code. They were tried in the Court of the learned Sessions Judge, Narnaul.

(2.) AT the trial the prosecution examined Dr. A.K. Chakkar (PW-4) who had performed autopsy on the deed body of Mohar Singh. The doctor had discovered the following injuries thereon :-

(3.) SMT . Lado thereupon went to Police Station, Nangal Chowdhri and lodged the First Information Report (Exhibit PE). Sub Inspector Dilawar Singh (PW-5) went to the place of occurrence and prepared the inquest report (Exhibit PD/2). He arrested Kishori accused on March 16, 1985 and in pursuance of his disclosure statement recovered a sickle (Exhibit P.1) Smt. Lado accused was arrested by him on March 23, 1985.