PURAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PURAN appellant was arranged in the Court of Session at Karnal on the charge of murder. The learned Sessions Judge has found him guilty under Section 302, Indian Penal Code and has imposed the sentence of life imprisonment and a fine of Rs. 500/- or in default of payment of fine to undergo further rigorous imprisonment for six months. He appeals.

(2.) THE victim of the violent crime was Smt. Mahlo Devi deceased wife of Sube Singh, who is the real brother of Puran appellant. These two brothers owned land measuring 41/2 acres each situated in village Adyana. Puran accused was cultivating his own share of land and the land belonging to Sube Singh was in his possession. Sube Singh was a class IV employee in the Food Corporation of India and presently posted at Jagadhir. Out of the land owned by him, he gave three acres of land on lease to Randhir Singh at the rate of Rs. 1,000/- per acre. It is alleged that out of these three acres, Puran accused forcibly occupied two acres of land and did not permit Randhir Singh to cultivate it. Randhir Singh then went to Jagadhri and asked Sube Singh to get him delivered possession of two acres of land or to return his lease money of Rs. 2,000/- Sube Singh, however, promised him to visit village Adyana and to settle the things. On 17 August, 1986, Sube Singh his wile Smt. Mahlo Devi and their infant daughter came to village Adyana. In the evening Sube Singh, Rajbir son of Randhir Singh etc. went to Puran accused and requested him to hand over the possession of 2 acres of land which he had forcibly occupied. Instead of acceding to the request of Sube Singh, he challenged him that he would not permit him to enter the land. On the following morning Sube Singh left for Karnal. The prosecution case is that on 18-8-1986 at about 3 P. M. Smt. Mahlo Devi accomplished by Rajbir, aforesaid went to see the land forcibly occupied by Puran accused. When they were returning to their village, Puran accused met them on the way. He threatened Smt. Mahlo Devi to teach a lesson for visiting the field. Out of fear, both Smt. Mahlo Devi and Rajbir started running back. On the way towards canal, they met Mahabir and requested him to save them but the refused to render any help. Puran accused overpowered Smt, Mahlo Devi and gave a gandasi blow on her shoulder as a result of which she fell down. When Rajbir raised alarm, then the accused threatened to kill him. Puran accused caught hold of Smt. Mahlo Devi by her arms and took her towards the Rajbaha (canal). In the evening at about 6 P. M Sube Singh returned from Karnal and did not find his wife in the house of Randhir. He was apprised of the whole incident by Rajbir. After about half an hour or so, Sube Singh, Rajbir and Randhir Singh went out in search of Smt. Mahlo Devi. At about 5 30 A.M., all these persons went to police station, Urlana, where Sube Singh lodged the FIR Ex. PF at 5.45 A. M. on 19.8.1986. Initially, the case was registered under Section 364, Indian Penal Code. Sub Inspector Waryam Chand went to the place of occurrence and prepared, its visual plan Ex. PR and thereafter set out in search of Smt. Mahlo Devi. Her dead body was recovered from an abandoned well at about 12.00 noon. Waryam Chand held. inquest Ex. PE and sent the dead body of Smt. Mahlo Devi to the mortuary for autopsy.

(3.) TO connect the accused with the crime, the prosecution examined as, many as 7 witnesses. When examined under section 313 Criminal Procedure Code the accused denied the prosecution allegations and pleaded false implication in the case but led no evidence in defence.