SANT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these appeals, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) THESE appeals are instituted against the judgment dated 29.6.2009 of the learned Presiding Officer, Fast Track Court, Mandi, H.P., rendered in Sessions Trial No. 31 of 2008, whereby the appellants -accused Surender Kaur and Bhagi Rath alias Sanju, who were charged with and tried for offences under Sections 302, 201 and 120 -B, read with Section 34 I.P.C., were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - each under Sections 302 and 120 -B I.P.C. and in default of payment of fine, these accused were sentenced to undergo rigorous imprisonment for one year. All the accused were also sentenced to undergo simple imprisonment for a period of three years for the commission of offence punishable under Section 201 I.P.C. read with Section 34 I.P.C. and a fine of Rs. 1000/ - was imposed upon each of the accused and in default of payment of fine, they were directed to undergo simple imprisonment for a period of three months. All the sentences were ordered to run concurrently against convicts Surender Kaur and Bhagi Rath alias Sanju.

(3.) ACCORDING to the prosecution case, accused Bhagi Rath and Surender Kaur were having illicit relations. Deceased Jai Singh had also come to know regarding their illicit relationship. There had been regular quarrel between accused Surender Kaur and deceased Jai Singh. On 11.4.2008, Jai Singh had gone to Talmerh with the 'Band Party'. He came back to his house in the evening and at that time accused Surender Kaur and Bhagi Rath were present in the house of deceased Jai Singh. When Jai Singh saw and heard Surender Kaur and Bhagi Rath talking to each other then accused Surender Kaur told accused Bhagi Rath to go to his house. Bhagi Rath went outside and Jai Singh entered in the room. Jai Singh asked accused Surender Kaur as to why accused Bhagi Rath had come there. On this, quarrel took place between accused Surender Kaur and deceased Jai Singh. Accused Bhagi Rath entered the room and gave a kick blow on scrotum of deceased and he became unconscious. Accused Surender Kaur and Bhagi Rath made Jai Singh to sit in a corner of the room. Accused Surender Kaur gagged the mouth of Jai Singh with her dupatta and accused Bhagi Rath gave knife blow on umbilicus of Jai Singh. Thereafter, accused Surender Kaur and Bhagi Rath tied a rope around the neck of Jai Singh and later on the dead body of Jai Singh was laid beneath the cot. At that time, son of Jai Singh Virender Kumar was present in the room. Accused Surender Kaur and Bhagi Rath lateron left the room and after half an hour they alongwith Sant Ram alias Nikku came on the spot and all the three accused persons carried the dead body of Jai Singh to the place 'Puja -ka -Rida'. According to the post mortem report, the death occurred on account of asphyxia due to ligature around the neck. The police investigated the matter and challan was put up after completing all the codal formalities.