RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal arises out of judgment and order dated 30.11.1998 in Sessions Case No. 8 of 1998 (Sessions trial No. 12 of 1998) holding accused-appellant guilty of offence under Section 302 IPC and sentencing him to imprisonment for life with a fine of Rs. 1000/- and in default of payment of fine to further undergo further RI for six months.

(2.) BRIEFLY , the facts of the case as put up by the prosecution are that on 8.2.1998 complainant, Abdul Zamil, father of the deceased-Riabulnisha, made a statement before the police that he had three daughters from his first wife, who had died, and after her death he contracted second marriage with Shahjahan from whom he had three daughters and one son. Out of the three daughters from his first wife, Badrunisha Rafiqulnisha is the eldest, next to her is Kitabunisha and younger to her is Riabulnisha. It was further stated by the complainant that on 8.2.1998 itself he had come to know that his eldest daughter Rafiqulnisha was having illicit relations with Raju, who was residing in a third house to his house. Complainant also stated that on 8.2.1998 he and his wife after leaving their children in the house had gone for their job but returned early as they did not get any work. After reaching to their home, they did not find their children in the house. The house of Raju was closed but it was not bolted from inside. Complainant and his wife heard the cries of their daughter Riabulnisha from inside the room of Raju, upon which they went running, opened the door and saw that an electric wire was wrapped around the neck of their daughter Riabulnisha and Raju and Rafiqulnisha were holding one end of electric wire each towards their side. It was also stated by the complainant that upon raising alarm, both the accused left the wire and his daughter Riabulnisha fell on the ground and died. Some persons from the neighbourhood came there. Out of anger, complainant also gave a danda blow on the head of the accused-appellant and after leaving his wife Shahjahan near the dead body, he reached the police station to lodge the FIR.

(3.) TO bring home the charges against the accused, prosecution examined as many as five witnesses.