AMAR SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Both the convicts namely Amar Singh and his wife Smt.Rano Bai have come up in this appeal assailing the judgment of conviction dated 27.11.2002 and order of sentence dated 29.11.2002, passed by the learned Sessions Judge, Hisar, vide which they have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/- each under Section 302 read with Section 34 IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of three months each.

(2.) Briefly stated, it is a case of the prosecution that on 27.09.2000 at about 1:30 p.m., Bagga Singh (hereinafter referred to as 'the deceased') left his house for the shop of Amar Singh-appellant. However, after a short while, his mother Smt. Budha Bai (PW6) and his sister Smt. Chhilla Bai (PW7) heard his shrikes from the nearby house of appellant-Amar Singh.

(3.) They rushed towards that place and entered in the house of appellant. They found that deceased was raising noise 'maar dia-maar dia' (killed-killed) from the rear room abutting the street of the house of appellant Amar Singh. When both of them reached in front of the room of said house, in their presence, the appellant while having a blood stained knife in his hand accompanied his wife Rano Bai came out from the room. They ran away from that spot after giving a push to PW6 and PW7. When both Budha Bai and her daughter Smt. Chhillo Bai had gone inside the house, they found Bagga Singh in serious injured condition and was having knife injuries on the front of stomach, other parts of the body and also a 'chunni' was lying tied around his neck. Bagga Singh succumbed to injuries in their presence.