MANBHARI AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants Manbhari, Kuldeep, Balwant Singh and Pritam Singh challenge their conviction for the murder of Suraj Kaur on 9.10.1996 at 8.30 A.M. in village Tiwala, District Bhiwani. PW -5 Rajwanti, complainant, daughter of the deceased, has filed revision petition for enhancement of sentence. Both the appeal and the revision petition will stand disposed of by this order.

(2.) CASE of the prosecution is that on the date of occurrence, deceased Suraj Kaur had gone to her field to harvest the crop of millet. Her husband PW -6 Des Ram also followed her with the buffaloes. PW -5 Rajwanti went to the fields at about 8.30 A.M. In her sight accused Balwant Singh, who was armed with Kulhari (Axe) and his sons Kuldeep Singh and Pritam Singh, who were armed with sticks assaulted Suraj Kaur. Manbhari wife of Balwant raised a lalkara asking the co -accused to teach a lesson to her for sharing the water of their tubewell. Balwant Singh inflicted axe blow on the back side of the head of Suraj Kaur. Pritam Singh gave a stick blow on the right temple near the ear of Suraj Kaur. Kuldeep Singh gave stick blow on the right arm of Suraj Kaur. Pritam Singh gave another blow on the right foot of Suraj Kaur. After she fell down, Pritam Singh and Kuldeep gave stick blows on the waist of Suraj Kaur. Seeing PW -6 Des Ram coming, the accused ran away with their respective weapons. Suraj Kaur died on the spot. The cause of occurrence was dispute on sharing of tubewell water and raising of boundary of the fields. PW -5 Rajwanti went to lodge the report alongwith her father. Her statement was recorded at the Police Station by PW -9 SI Amar Singh at 12.25 P.M., which led to the registration of FIR. PW -9 SI Amar Singh went to the spot and conducted inquest proceedings and sent the dead body for post -mortem. He collected blood stained soil, prepared site plan and took other steps for investigation. He arrested Manbhari on 10.10.1996, Balwant Singh and Kuldeep on 11.10.1996. He recovered Kulhari Ex. P -5 at the instance of Balwant Singh, stick Ex. P -6 at the instance of Kuldeep. He arrested Pritam Singh on 14.10.1996 and recovered stick Ex. P -7 at his instance. After completing the investigation, the accused were sent up for trial.

(3.) THE accused denied the prosecution allegations. They denied that there was any dispute about the boundary of the field or sharing of the tubewell water.