GHANSHYAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 21.9.2005 rendered by the Court of Additional Sessions Judge, Bhiwani vide which it convicted the accused/appellants and sentenced them as under: Name of the convict Convicted for the offence Sentence awarded 1Ghanshyam U/s 396 IPC RI for life each and 2.Kalu a fine of Rs.5000/ 3.Jugnu each and in default 4.Ram Balak of payment of fine 5.Sher Singh to further undergo 6.Kanti RI for a period of 7.Inder two years each. 1. Ghanshyam U/s 412 IPC RI for a period of 2.Kalu ten years each and 3. Jugnu to pay a fine of 4. Ram Balak Rs.3000/5. Sher Singh each and in 6. Kanti default of 7. Inder payment of fine to further undergo RI for a period of 15 months each.

(2.) Sher Singh, elder brother of the husband of Hemlata, injured, set the law into motion, by making statement Ex. PD before Randhir Singh, ASI, PW-7, Police Station Sadar, Bhiwani, who reached General Hospital, Bhiwani, on receipt of a telephonic message, regarding the admission of Hemlata therein. According to Sher Singh, on the night intervening 22/23.9.2001, his mother Suresh Devi (since deceased) as usual, was sleeping in the Baithak. His elder daughter Preeti, about six years of age, was sleeping by her side. Hemlata, wife of his younger brother, as usual, was sleeping in the same Baithak, on a separate cot, with her minor daughter Isha aged about 2/3 months. In the morning, at about 5.00 A.M., he woke up on hearing the weeping noise of Isha. He asked his wife Manju to see, as to why,the child was weeping, whereupon, she went there and found that light of the room was on, her mother-in-law Suresh Devi was lying dead on the cot and Hemlata was also lying unconscious, with injuries on her neck and face. Seeing this Manju cried, whereupon, Sher Singh immediately reached there and also saw that the household articles, were lying scattered. He then brought injured Hemlata to the Hospital, with the help of Jitender son of his uncle Udevir. It was further stated by Sher Singh, in his statement Ex.PD, that some un-known persons, on the previous night, after lurking house trespass, had committed theft and killed his mother Suresh Devi and seriously injured Hemlata.

(3.) Randhir Singh, ASI sent Ex.PD the statement aforesaid of Sher Singh by making endorsement Ex. PD/1 thereon, through Satish Kumar, constable to the Police Station, on the basis whereof formal FIR Ex.PD/2 was registered by Sube Singh, SI. ASI Randhir Singh then, with complainant Sher Singh and Head Constable Subhash reached the place of occurrence. He got the scene of crime photographed, from the photographer, Anil Kumar. He inspected the spot, lifted the blood stained earth therefrom and took the same in police possession, vide recovery memo Ex.PX, attested by Subhash, Head Constable. He then preapred the Inquest report Ex.PY of the dead-body of Suresh Devi, and sent the same for postmortem examination.