H.S.RAI,J - (1.) OM Parkash, Bhagwan Das and Satya Devi were convicted by Additional Sessions Judge, Hisar under Section 302 read with Section 34 of the Indian Penal Code, 201 of the Indian Penal Code and 404 of the Indian Penal Code and were sentenced to imprisonment for life rigorous imprisonment for one year and rigorous imprisonment for one year respectively.
(2.) FEELING aggrieved they have filed this appeal. On 23rd of November 1986 at about 8-00 A.M. a dead, body was found lying near the public latrines in the common place in Dhanak Mohalla, Hisar. Phool Chand, President of Dhanak Sabha, Hisar, informed the police. A case was registered and during the investigation it transpired that the appellants strangulated Bhagwanti deceased to death and threw her dead body at that place. The appellants were arrested, challaned, tried and convicted as mentioned in the opening part of the judgment.
(3.) THE prosecution in support of its case examined PW 3 Dr. P.K. Singhal, Medical Officer, Civil Hospital, Balabgarb who conducted autopsy on the dead body of Bhagwanti deceased on 23rd of November 1986 at 1.15. P.M. and found that she had died due to as phyxia as a result of strangulation which was ante-mortem in nature and sufficient to cause death in the ordinary course of nature. The time that elapsed between death and post-mortem, according to the doctor, was within 36 hours.;