SURINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 5.4.1994, deceased Sobha was murdered by strangulation in the house of Surinder. For her murder, five accused, namely Surinder Singh, Dharam Pal, Mahavir, all sons of Yad Ram, Sohan Pali widow of Jai Pal Singh and Hanso wife of Budh Ram were summoned to face trial under Section 302 of the Indian Penal Code by the Additional Sessions Judge, Faridabad on 10.5.1999. Four accused, namely Dharam Pal, Mahavir, Sohan Palli and Hanso were acquitted by the learned trial Court. We have no concern with them here.

(2.) THE brief facts of the prosecution case are that one Ajit Singh, son of Kirpa Ram, resident of village Machhgar made a statement to SI Daya Nand, Police Station Sadar Ballabgarh that Yad Ram, son of Harchand had three sons. Out of the three, Dharam Pal and Mahabir were married and resided at Alwar. The third son Surinder was not married. He contracted a marriage on 7.1.1994 with Sobha, the deceased, from Assam. Surinder was having illicit relations with Sohan Pali, widow of Jai Pal and Hanso, wife of Budh Ram. Both Sohan Pali and Hanso proposed that Surinder should keep either of them as they own piece of land and should get rid off Sobha. All the accused conspired and strangulated Sobha in the house of accused Surinder on 5.4.1994 at about 11.00 a.m. He along with Ved Ram, son of Karan Singh, went to the house of Yad Ram. Cries were heard by them. These people rushed to the house of Yad Ram and saw that accused persons were grappling with the rope and with the legs of Sobha. All the five accused took out the rope and left the place after having murdered Sobha with the rope.

(3.) DURING the investigation, the police found Surinder to be guilty and challaned him. The remaining accused were summoned under Section a 319 of the Code of Criminal Procedure by the learned Additional Sessions Judge, Faridabad on 8.2.1995.