SURINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Criminal Appeal No.22 of 1982 and Criminal Appeal No.25 of 1982, arising as they do, out of the same judgment of conviction and sentence recorded by the Sessions Judge, Dharmasala, would stand disposed of by this common judgment.

(2.) S/Shri Surrinder Kumar Malhi and Ravinder Kumar Malhi are the appellants in Criminal Appeal No.22 of 1982. They are real brothers. Smt. Raj Rani, appellant No.1 in Criminal Appeal No.25 of 1982 is their mother while Smt. Shanta Bala, the other appellant in that appeal, is the wife of Shri Surrinder Kumar Malhi, appellant No.1 in Criminal Appeal No.22 of 1982. All these appellants were accused of having committed the murder of Smt. Vinod Bala (wife of Shri Ravinder Kumar Malhi) by setting her on fire in pursuance of a criminal conspiracy to which they were all parties. They were, therefore, all tried jointly for the offences under Ss.302 and 120-B I.P.C. Both the ladies who are appellants in Criminal Appeal No.25 of 1982 were found guilty of the offence under S.302 IPC by the learned Sessions Judge and convicted accordingly. The two brothers who are appellants in the other appeal were, however, found involved in the murder of Smt. Vinod Bala not directly but as co-conspirators. They were accordingly convicted under S.120-B read with S.302 I.P.C. For these convictions each of the appellant has been sentenced to undergo rigorous imprisonment for life.

(3.) The facts of this case show that the deceased Smt. Vinod Bala was married with Ravinder Kumar Malhi appellant on 4-5-1978. Two male children were born out of this wedlock. Ravinder Kumar Malhi was employed as Junior Engineer in the Binva Hydel Project, Utrala where he was residing in a Government quarter along with his family. His parents as well as the family of his elder brother Surinder Kumar Malhi were residing at Yol, district Kangra. The relations between the deceased Vinod Bala and Ravinder Kumar Malhi appellant were anything but cordial and in any case the deceased was not happy in her marital home. There was a MUNDAN ceremony in the house of Surrinder Kumar Malhi appellant on 2-7-1980 which was attended by the deceased as well. At the time of that ceremony there was some episode involving the deceased and her husband on account of which PW-10 Dharam Paul, the father of Smt. Vinod Bala deceased had to be summoned from Amritsar to the place of Surrinder Kumar Malhi where the episode took place. That episode the details of which are not very clear then ended after a letter of apology found at Ex.D.LL was executed by the deceased Smt. Vinod Bala.