HARI RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-appellants Hari Ram @Hari Singh and Harchand against the judgment dated 10/12/2003 passed by learned Additional District and Sessions Judge (Fast Track. Behrod, District Alwar in Sessions Case No.35/2002 (31/1997. whereby, they were convicted for offence u/S.302/34 IPC and sentenced to life imprisonment with fine of Rs.2,000/- each and in default of payment thereof, they were required to further undergo simple imprisonment of six months.

(2.) Brief facts giving rise to this appeal are that a written report (Exb.P/8. was submitted by complainant-Lal Chand Yadav (PW2. to S.H.O. Police Station Behrod in Government Hospital Behrod alleging therein that his sister Santra was married to Hariram Ahir of Village Kankardipa. Hariram, who was having illicit relations with his bhabhi , used to harass her sister. Hariram was staying with his brother Harchand and bhabhi Sona. His sister Santra used to stay separately and earn her livelihood by working as labour. Hariram had filed a divorce petition against his sister however, she contested the divorce petition and rather filed an application against him demanding maintenance. The court directed Hariram to pay maintenance to her. Hariram made default in making payment of maintenance and was in arrears. The court on the last date of hearing required Hariram to make payment of the entire arrears by 3/5/1997. On that day in court, informant heard Hariram telling someone that the adjournment should be taken in the court on that day and that he would finish his wife (Santra. before the next date. He received information from the police that his sister has been murdered and thereafter he went to the village Kankardipa. Sardara Ahir informed him that about 7.30 in the morning, he saw Hariram, Harchand and Sona fleeing from the house of Santra. Harchand was having kulhada in his hands and all these people were fleeing from there. They also tried to murder his sister Santra. Apprehending to danger of her life, Santra used to sleep in the house of Sarli Kumhari. Litigation was pending between his deceased-sister and accused-Hariram for last 12-13 years.

(3.) On the basis of the above written report, police registered FIR No.182/1997 against the accused for offence u/S.302/34 IPC. After investigation, police filed challan against accused-appellants Hariram, Harchand and co-accused Sona. The charge was framed against accused-appellants Hariram and Harchand for offence u/S.302/34 IPC, which they denied and claimed to be tried. Thereafter, on recording statements of some of the prosecution witnesses, the trial court took cognizance against co-accused Sona invoking Section 319 Cr.P.C. She was also arrayed as an accused and was also charged for offence u/S.302/34 IPC. The prosecution produced nineteen witnesses and exhibited thirty one documents, though defence did not produce any witness or documents. After conclusion of trial, trial court acquitted co-accused Sona of all the charges, however, convicted and sentenced the accused-appellants Hariram and Harchand in the manner indicated above.