GULE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Gule Ram and Babita have filed the above mentioned appeals challenging judgment dated 23.8.2012 passed by learned Additional Sessions Judge, Hisar holding them guilty for committing offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short, 'IPC'). Vide order dated 27.8.2012 both the appellants have been sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/- each.

(2.) The case of prosecution, in nutshell is that on 16.4.2010 upon receipt of intimation from Government Hospital, Hisar regarding admission of Kavita due to burn injuries, ASI Om Parkash along with other police officials went to the hospital but Kavita succumbed to her injuries before her statement could be recorded. Kavita's mother namely Beermati and brother Sunil Kumar were present in the hospital. Statement (Ex.PA) of Beermati was recorded by the police leading to registration of FIR. The translated gist of the said statement reads as follows:

(3.) Pursuant to the aforesaid statement (Ex.PA) of Beermati, the police recorded FIR (Ex.PA/1). The dead body of Kavita was subjected to post mortem examination. Inquest proceedings were conducted. The police visited the place of occurrence and prepared a rough site plan and also recorded statements of witnesses. A plastic can containing kerosene oil, a match box, a burnt piece of 'darri' (thin mattress) and some burnt 'toori' (straw fodder) and soil were recovered from the spot and taken into possession vide recovery memo (Ex.PP). While accused Gule Ram was arrested on 17.4.2010, Babita was arrested on 19.4.2010.