RAJBIR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 20.3.2003 rendered by learned Additional Sessions Judge, Kurukshetra, in Sessions Trial No. 7 of 2001, whereby accused Rajbir and Tarawati were charged with and tried for the offence punishable under Sections 302/34 IPC. They were convicted and sentenced under Section 302 read with Section 34 IPC to undergo rigorous imprisonment for life and to pay fine of Rs. 2,500/- each and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) The case of the prosecution in a nutshell is that on 20.9.1999 a wireless message was received in Police Station, Babain, from police post 3 rd Gate, Kurukshetra University, Kurukshetra, to the effect that Kamlesh resident of Sunarian was admitted in L. N. J. P. Hospital, Kurukshetra, as a burn case. ASI Sat Pal along with other police officials reached Police Post 3 rd Gate, Kurukshetra University, Kurukshetra. He submitted an application to Parveen Gupta, Judicial Magistrate First Class, to record the statement of Kamlesh. He recorded the statement of Kamlesh. On the basis of dying declaration, a case under Section 307 IPC was registered. On 21.9.1999, the police received V. T. message that Kamlesh died due to burn injuries. Thereafter, the case was converted to Section 302 read with Section 34 IPC. The post mortem was conducted. Dead-body was handed over to the relatives. The matter was investigated and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statements of the accused were also recorded under Section 313 Cr.P.C. They denied the case of the prosecution. The accused examined five witnesses in defence. They were convicted and sentenced, as noticed hereinabove. Hence, the present appeal.