DEVI AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against an order dated 21.04.2009 convicting the appellants for an offence under Section 302 and 506 IPC read with Section 34 Indian Penal Code (for short 'IPC'). The appellants have been sentenced, vide order of the same date, to undergo life imprisonment and to pay a fine of Rs. 5000/- each for commission of offence under Section 302 read with Section 34 IPC and imprisonment for one year for commission of offence under Section 506 IPC.

(2.) Angrej, nephew of the deceased Maya Devi, aged 28 years, gave a statement to Prakash Chand, SI/SHO, Police Station, Sadar, Sonepat at about 11:50 PM on 14.04.1998 on the basis of which FIR No.135 dated 15.04.1998 Ex.PC was lodged at 6:10 AM. He stated that at about half past one in the afternoon on 14.04.1998 he was standing in front of his house after lunch, when he noticed Devi son of Kale Ram and Ranbir son of Phooli Ram calling loudly at his auntie Maya Devi wife of Dharambir. They both shouted that she is the cause of 20 years of imprisonment to both of them and will teach her lesson. They caught hold of his auntie. In the meantime, Suresh son of Phooli Ram armed with an axe and Raju son of Chattar Singh armed with a sickle came and instantly attacked Maya Devi by saying that they will not leave her today. Suresh hit on the right side of the head of Maya Devi with axe and then again hit on the neck below the left ear of Maya Devi with reverse side of axe. Maya Devi fell down on the ground. Raju attacked her when she was lying on the ground with sickle in his hand, firstly on the left side of the forehead, secondly on the nose and thirdly on the thigh of the left leg. Maya Devi became unconscious. Suresh again attacked her when she was lying unconscious on the ground firstly on the left ear and then on the right ear with the reverse side of axe. He raised alarm on which his uncle Dharambir and Rajender Mason son of Ram Chander came there. All the accused ran away with their respective weapons saying that they will kill her one day even if she survives. He and his uncle Dharambir took Maya Devi in unconscious condition to PGI Medical College Rohtak, where the doctors admitted her. They returned back to arrange some money and after returning to PGI, Rohtak made a statement to HC Kadam Singh, P.S. Sadar, Sonepat. On such statement, SI Parkash Chand, SI/SHO, Police Station Sadar, Sonepat, recorded proceeding disclosing an offence under Section 323/506/34 IPC and requested registration of an FIR. Maya Devi breathed her last on 18.04.1998 at PGI, Rohtak. The offence was amended to that under Section 302 IPC and special report was sent to Illaqa Magistrate vide Ex.PF.

(3.) The inquest proceedings were conducted by SI/SHO Police Station Sadar, Sonepat. The inquest report is Ex.PB dated 19.04.1998. The apparent cause of death was noticed as due to inflicting injuries. It was observed that though Maya Devi has died due to injuries received in a quarrel, even then it is necessary to know actual cause of death. Therefore, PW1 Dr. Narender Singh conducted postmortem examination on the dead body of Maya Devi on 19.04.1998. The following injuries were found on the person of deceased:-