ISHWAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 31.3.2003 passed by the Court of learned Sessions Judge, Bhiwani vide which accused Ishwar, Har Gian, Ombir and Virender Singh were convicted for the offence under Section 302 IPC read with Section 34 IPC and order dated 3.4.2003 vide which they were sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- each and in default thereof, to further undergo rigorous imprisonment for a period of six months each.

(2.) The accused-convicts, who are appellants before this Court pray that the appeal be accepted, the impugned judgment of their conviction and sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the prosecution story as it came out during the trial is that complainant - Dharampal Singh son of Bani Singh, resident of village Manheru had submitted a written complaint Ex.PE addressed to SHO, Police Station Sadar, Bhiwani for registration of FIR. Inter alia, he had contended that on 17.9.2000 at about 3:00 p.m., he accompanied by his sister Sheela had reached her matrimonial home at village Tigrana from his native village Manheru. At that time, Ishwar son of Sukhpal Singh, husband of Sheela was present at home. On seeing them, he went to call his uncle Har Gian son of Kishan Singh and his sons Virender Singh and Ombir. According to the complainant, he thought that Ishwar might have gone for compromise etc. However, after about one hour, Ishwar was seen coming along with Har Gian and his sons Virender Singh and Ombir. At that time, all four of them were in angry mood. On entering the matrimonial home, Virender Singh and Ombir caught hold of Sheela from her hands, Ishwar ran towards inside and brought jerrycan of kerosene oil, Har Gian took jerrycan of kerosene oil from the hands of Ishwar and started pouring the same on the head of Sheela, at which Sheela started crying. Ishwar lit the fire with a match stick and set Sheela ablaze. According to the complainant, such incident happened so suddenly, that his mind stopped working and he ran to save his sister but Ishwar, Har Gian, Virender Singh and Ombir started beating him, therefore, he fled from that place to save his life. That his sister was burning rapidly but he was helpless. He left that place and went to his village Manheru, where he narrated the entire incident to his family members. In the complaint, the complainant had contended that on 6.9.2000, Ishwar had beaten Sheela with lathies, resulting in Sheela suffering bleeding from nose and mouth. On the next day i.e. on 7.9.2000, Sheela had come to her parental house at village Manheru reaching there at about 8:00 A.M.; that her family members had observed marks of injuries on her body and then Sheela disclosing to them that Ishwar, Har Gian and his sons Virender Singh and Ombir were planning to kill her. Sheela remained at her parental house for 10 days. In the meanwhile, Sheela filed an application against Ishwar at Police Station Sadar, Bhiwani, however, no action was taken. Then Ishwar and Har Gian had gone to parental house of Sheela and gave assurance that they would not beat Sheela in future, however, Sheela was not sent with them. On 17.9.2000, complainant - Dharampal Singh had accompanied his sister Sheela to her matrimonial home at village Tigrana for settlement but all the accused killed his sister Sheela in his presence. According to complainant, Ishwar used to take liquor and beat up his sister raising demand of dowry also. Sheela had come to her parental family several times to take money, which used to be given. About six years back, she took Rs.10,000/-, about two years earlier she took Rs.25,000/- and just after the marriage, accused used to send Sheela to her parental home for bringing money. One year back, she took Rs.15,000/- and a buffalo. Thereafter, Ishwar again sent Sheela to bring money, but since parental family of Sheela was facing financial crises, they could not give any money. As such all the four accused killed Sheela and action be taken against them.