ILLYAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) On trial the learned Sessions Judge, Gurgaon, found and held that the deceased Rashidan wife of appellant Aasu was killed by strangulation in the Chobara of the appellants' (hereinafter referred to as the accused) house in early hours of 16-8-1993 and for that the accused Illyas, Aashu and Smt. Falli have been found guilty of an offence under S. 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each. In default of payment of fine each of them was ordered to undergo further rigorous imprisonment for six months.

(2.) The brief facts of the case on which all the accused stood convicted and sentenced as mentioned above are that on 16-8-1993 the dead body of the deceased Rashidan was found hanging in the Chobara of accused's house. No report was lodged by the accused with regard to the hanging of the deceased till her father in the evening made a statement with PW 7 Naveen Kumar, Sub-Inspector that due to non-fulfilment of dowry demands and as the deceased was not bearing any child she was done away by the accused. On completion of the investigation the accused were challaned before a competent Court of law.

(3.) Heard Mr. Baldev Singh, learned counsel for the accused and Mr. S. N. Gour, Deputy Advocate General, Haryana, also had a thoughtful consideration over the record on the file.