LAKHMI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 05.06.2015 and order dated 06.06.2015, rendered by learned Additional Sessions Judge, Gurgaon, in Sessions Case No. 154 dated 03.07.2013/24.12.2013, whereby appellant Lakhmi Chand, who was charged with and tried for the offences punishable under Sections 302 and 201 of the Indian Penal Code (hereinafter referred to as 'the IPC' for brevity sake), was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/-, and in default of payment of fine, to undergo rigorous imprisonment for one year, under Section 302 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/-, and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 201 IPC. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that on 22.03.2002, SI Jogender Singh along with other police officials was present at village Lokhra in connection with patrolling. Hari Singh met the police party and made the statement to the effect that he was a resident of village Lokhra, Police Station Pataudi. They were three brothers. He was the elder one. Shish Ram was the younger and Hoshiar Singh was the youngest. Hoshiar Singh along with his wife Sheela was residing separately. He was having two daughters. One of them was married and other was 6-7 years of age. Sheela wife of Hoshiar Singh was having illicit relations with Manohar Lal son of Kalu. She got mutated the land measuring 2.75 acres in her name from Hoshiar Singh. Thereafter, she alienated the land and spent the amount for her luxury. Hoshiar Singh was worried about alienation of the land and about the illicit relations of his wife Sheela with Manohar Lal. Hoshiar Singh used to quarrel with Sheela, Manohar Lal and Lakhmi Chand. Since Hoshiar Singh was causing hurdle in the relations of Sheela and Manohar Lal, therefore, Sheela, Manohar Lal and Lakhmi Chand murdered him on 21. 03.2002 by putting him on fire. Hari Singh further stated that he came to know about the incident in the evening. He called his brother Shish Ram, resident of Harchandpur. FIR was registered.

(3.) During investigation, the appellant was declared proclaimed offender. Accused Sheela and Manohar Lal were arrested. They were challaned by the police. They were convicted and sentenced under Sections 302 and 201 IPC vide judgment dated 14.05.2004. The appellant was arrested on 10.04.2013. Challan was put up against him on 14.05.2013.