BHURA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These petitions have been filed for seeking grant of regular bail to the petitioners under Section 439 Cr.P.C., in case FIR No.79/2018 dated 24.06.2018, registered at Police Station Majra, District Sirmour, H.P., under Sections 302 , 201 and 120B read with Section 34 of the Indian Penal Code (hereinafter referred to as the 'IPC' in short).

(2.) Petitioner Kali Ram is behind the bars since 24.06.2018, whereas, petitioner Bhura Ram was arrested on 27.06.2018. As per status report, daughter of co-accused Darshan Singh, namely, Reena Kumari wife of Tapender Singh was missing since 13.06.2018 and was traced by the police and produced before the SDM, Paonta Sahib on 23.06.2018, before whom she had expressed her desire neither to accompany her parents nor her husband, but to live an independent life even without taking her daughter with her. On the basis of her statement, so recorded, she was set free by the SDM. It is further the case of prosecution that thereafter, outside the office of SDM, her father Darshan Singh alongwith his relatives Bhura Ram, Ronki Ram, Kali Ram, Inder Kant alias Mintu, Naresh Kumar and Ravinder Kumar had convinced Reena Kumari to accompany them to her parental house and she was taken to her parental house by her father Darshan Singh, Bhura Ram, Ronki Ram and Kali Ram. At home, when Reena Kumari asserted her desire as expressed by her before the SDM, without exceeding to the request of the family members, Darshan Singh, Bhura Ram, Ronki Ram and Kali Ram had conspired to kill her and accordingly during the intervening night of 23/24.06.2018, she was hanged with the hook of the lintel with Dupatta and after her death other relatives were approached for cremation of her dead body. After cremating the dead body of Reena Kumari, cremation place was washed and her remains taken to Haridwar for performing final rituals, but without recording the same in the books of their family Panda (Pandit).

(3.) The entire prosecution case is based upon circumstantial evidence collected during investigation. There is no direct evidence against any of the accused except that they had convinced deceased Reena Kumari to accompany the accused persons to her parental house from the compound of the office of SDM.