DHARAMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against judgment dated 9.10.2003 passed by the Court of Sessions Judge, Bhiwani, vide which he had convicted accused Dharampal for offence under Section 302 of Indian Penal Code (for short 'IPC') and order dated 11.10.2003 vide which the accused-convict was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo further rigorous imprisonment for six months, for the said offence.

(2.) The accused-convict, who is appellant before this Court, prays that the appeal be accepted, the impugned judgment of his conviction and order of sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case as per prosecution version are that on 12.8.2001, complainant Jagdish, son of Daulat Ram, aged about 30 years, an agriculturist by avocation and Kumhar by caste, resident of Village Shikarpur, Police Station Sadar, Bhiwani, went to Police Station Siwani and got his statement Exhibit PA, recorded with ASI Yad Ram of the said Police Station. Inter alia in the statement, the complainant stated that his youngest sister, Maya Devi (since deceased) was married with Dharampal (accused), son of Pohkar of Kumhar community, resident of Village Barwa, about 9-10 years back. The couple was blessed with two sons. Maya Devi was leading happy marital life in her in-laws house and no complaint regarding any quarrel was received; that on 12.8.2001, Kurwha son of Baluram, Banwari son of Pohkar, residents of Village Barwa, came to their house at Shikarpur at about 1.00 P.M. and informed that Maya Devi was seriously ill and they should accompany them immediately. As such, he (the complainant) along with his cousin brothers Sadhu Ram and Amar Singh and some other persons from the village, proceeded towards Village Barwa. When they reached matrimonial home of Maya Devi, they found that her dead body was lying on the millet pullis (fodder), in the courtyard of the house. The body was covered with a blanket. According to the complainant, they had removed the blanket and found marks of scratches on her neck, clotted blood and marks of contusion on stomach and legs, besides marks of injuries on the forehead of the dead body; that they verified from the villagers about the death of Maya Devi. According to the complainant, his cousin brother Hazari son of Keshav Ram, was already there in village Barwa and he told them that on that day Dharampal, Banwari and Sharavan, sons of Pohkar, residents of village Barwa, had killed Maya Devi over sudden dispute for not cutting millet leaves, after causing injuries and after strangulating her neck. According to the complainant, he had left Sadhu Ram and Sube Singh near the dead body and then accompanied by Amar Singh, had come to Police Station Siwani, to lodge report regarding the incident. Said statement was signed by complainant Jagdish. ASI Yad Ram, Investigating Officer/IO, had put his endorsement below said statement.