BALWANTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeal and revision petition, therefore these are taken up together and disposed of by a common judgment.

(2.) The aforesaid appeal and revision petition have been instituted against the judgment and order dtd. 26/5/2003 and 29/5/2003 rendered by the learned Sessions Judge, Gurgaon, in Sessions Case No.12 of 15/6/2000 whereby the appellants were charged with and tried for offences punishable under Ss. 302, 201 of the Indian Penal Code (in short 'IPC'). Appellant Rambir was convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months for offence punishable under Sec. 302 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.5000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months for offence punishable under Sec. 201 IPC. Appellant Balwanti was convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months for offence punishable under Sec. 302 read with Sec. 34 IPC. She was also convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.5000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months for offence punishable under Sec. 201 read with Sec. 34 IPC. The substantive sentences were ordered to run concurrently.

(3.) The case of the prosecution in a nutshell is that appellant Balwanti is the real sister of appellant Rambir. Balwanti had illicit relations with deceased Satbir. Satbir was taking advantage of the situation. He misbehaved with Dayawanti, daughter of Balwanti. She did not tolerate it. She brought this fact to the notice of her brother Rambir. Thereafter a conspiracy was hatched to kill Satbir. On the intervening night of 21/22/11/1999, accused Balwanti mixed sleeping pills in the liquor of Satbir. When he became unconscious, she put cotton in his mouth. Accused Rambir caused injuries to Satbir with a stone. Satbir succumbed to the injuries. His dead body was found in a gunny bag in the area of villae Narsingpur. The dead body was identified by PW-8 Dalbir, real brother of the deceased and Jagdish. The case of the prosecution is that Balwanti and Rambir had made an extra judicial confession before PW-9 Mahabir Singh. The body was sent for post-mortem examination. PW-1 Dr.Sanjay Narula had conducted the post-mortem examination. As per his opinion, the cause of death was due to asphyxia caused by gagging coupled with manual strangulation. The matter was investigated and challan was put up after completing all the codal formalities. One of the accused Satish died during the pendency of the trial.