MANINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dtd. 19/9/2011 and 26/9/2011 rendered by the learned Additional Sessions Judge, Narnual, passed in Sessions Case No.8 of 2009 whereby the appellant, who was charged with and tried for offences punishable under Ss. 302, 376 of the Indian Penal Code ( in short "IPC"), has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2500.00 and in default payment of fine, to further undergo rigorous imprisonment for a period of three months for offence under Sec. 302 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2500.00 and in default payment of fine, to further undergo rigorous imprisonment for a period of three months for offence under Sec. 376 IPC.

(2.) The case of the prosecution in a nutshell is that on 5/8/2009 SI/ SHO Hoshiar Singh, Police Station Satnali, was present at Loharu Chowk Satnali. Lal Singh son of Devi Sahai had submitted an application on the allegations that he was resident of village Sehlang. He had taken the land of Pawan Shekhawat on Batai (lease). He was residing with his family at the tubewell. He along with son of Dharmdutt had gone to Loharu for taking medicines on 5/8/2009 at about 10.00 A.M. He came back at tubewell at about 02.00 P.M. The room was bolted from outside. He opened the room. His wife was lying dead on the cot. There were signs of injuries of knife on her stomach, breast, neck and left hand elbow. Blood was oozing. Salwar of his wife was also lying on the bed. His wife was murdered by some unknown person after committing rape. Police swung into action. Foot prints of unknown killer, broken bangles, blood stained dari (carpet) were taken into possession. On 16/8/2009 accused Maninder @ Minglu was arrested. He made disclosure statement. Knife used by him was recovered. DNA test of the accused was conducted. Body was sent for post-mortem examination. It was examined by PW-19 Dr.Deepak Garg who proved the post-mortem report Ex.PN/1.

(3.) The prosecution examined as many as 19 witnesses in its support. The statement of accused under Sec. 313 Cr.P.C. was recorded. He denied the case of prosecution. The accused was convicted and sentenced, as noticed hereinabove. Hence this appeal.