RAM MEHAR ALIAS KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in both the appeals, i.e. CRA-D-752-DB of 2011 and CRA-D-937-DB of 2011, therefore, these are taken up together and being disposed of by a common judgment.

(2.) Both these appeals are instituted against judgment and order dated 10.06.2011, rendered by learned Sessions Judge, Jind, in Sessions Trial No. 81 dated 16.12.2010. Appellants Ram Mehar alias Kala and Kulwanti Devi alias Babli were charged with and tried for the offences punishable under Sections 364, 302 and 201 read with Section 34 IPC. They were convicted thereunder and sentenced as under :-

(3.) The case of the prosecution, in a nutshell, is that on 03.09.2010, Dalel Singh presented a complaint along with both the accused before the SHO, Police Station Sadar Narwana, stating therein that on that day, they were discussing the Panchayat matters in the house of Sarpanch Reshma Devi. Accused Kulwanti Devi alias Babli and Ram Mehar alias Kala came. Kulwanti Devi alias Babli told that on 23.08.2010, she had gone to her father's house in village Naiwala on the eve of 'Raksha Bandhan'. Thereafter, on 31.08.2010, she along with her children, namely Satnam Singh aged 5 years and Pargati aged 3 years, came to Narwana for going to her in-laws' house in village Julehera. She and Ram Mehar had illicit relations with each other. On 23.08.2010, they had planned to move out from the village. According to their plan, Ram Mehar also came at Bus Stand Narwana. They eloped with the children, namely Satnam Singh and Pargati. They came to village Naiwala. Roshan and other villagers of village Naiwala had brought them to village Julehera. They confessed their crime before the Panchayat to the effect that they had killed the children. The FIR was registered against the appellants. Both the accused were arrested. The investigation was completed and challan was put up after completing all the codal formalities.