HANUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution has come with a case where appellant Smt.Rajwanti in connivance with her paramour Mahender Singh and his friend Hanuman had committed murder of Jai Bhagwan, who was none else but her own husband.

(2.) This case is based on circumstantial evidence. Deceased-Jai Bhagwan was residing in a house in Bharat Colony, Faridabad alongwith his wife Smt. Rajwanti and the children. The FIR was lodged by Satyavan, who is the real brother of deceased-Jai Bhagwan. According to him on 26.02.2010, he received a telephonic message from his cousin-Azad to the effect that his brother Jai Bhagwan had been murdered by someone. Therefore, Satyawan accompanied by Azad and his another brotherBijender as well as some other villagers proceeded to the place of occurrence. He found that the dead body of Jai Bhagwan was lying at some distance from the house of deceased which was wrapped with a bed sheet. He immediately identified the dead body and suffered the statement before the Investigating Officer. After recording the statement, police made endorsement Ex.PE/1 on the basis of which formal FIR was registered under Sections 302, 201, 120-B/34 Indian Penal Code (in short 'the Code') and the investigation was initiated. Police visited the spot where dead body was lying and from near the dead body, the police recovered one electric wire which was about three feet in length, blood stained earth, plastic bag in which the dead body was kept and all these articles were taken into possession vide memo Ex.PK. The photographer was called at the spot who clicked the photographs Ex.P1 to Ex.P6 of the place from where the dead body was recovered. The inquest report was prepared and the dead body was sent to the hospital for conduct of post-mortum examination. On the search of house of the deceased, some pieces of bones, blood and human flesh were found. These articles were also collected from the spot. On the further search of the house one blood-stained kulhari (axe), bloodstained pillow cover of white and blue colour were also recovered and the same were put into parcel and duly sealed at the spot. The said sealed parcel was taken into possession vide memo Ex.PS.

(3.) During the investigation, it has come to the notice of the Investigating Officer that appllant Smt.Rajwanti had extra marital relations with her co-appellant Mohinder Singh. Deceased Jai Bhagwan was desisting her for keeping illicit relationship with him, and advised to mend her ways but she did not act upon this rather continued her affairs with her paramour.