- (1.) Appellants Narender Kumar (A1) and Bimla (A2) along with Ram Singh, Radha and Mahabir were put to face trial for commission of offences under Sections 304-B /201 /34 IPC. It was allegation against them that they had committed murder of Smt. Geeta (aged 20 years) wife of Narender Kumar in the intervening night of 29 and 30th January 2003 by giving her injuries and then made an attempt to dispose of her body with a view to screen the commission of crime. After trial, A1, A2 and Radha CRA-D 324-DB of 2008 were convicted vide judgment dated 1.12.2007. In the meantime, Radha accused moved an application that she was a juvenile and her case was sent to the Juvenile Justice Board at Faridabad. The appellants were sentenced to undergo rigorous imprisonment for life vide order dated 21.12.2007. Ram Singh father-in-law of the deceased and Mahabir were acquitted of the charges framed against them vide judgment mentioned above. At the time of arguments, it was brought to our notice that after trial, Radha was also acquitted of the charges framed against her by the Juvenile Justice Board at Faridabad.
(2.) The trial Court has noted the following facts regarding case of the prosecution:- Brief facts of the case are that on 30.1.2003, Hari Singh son of Hira Lal, resident of Chandhat moved an application before the police interalia alleging that he had married his daughter Geeta 20 years old with accused Narender on 17.4.2002. He gave sufficient dowry and daughter of the complainant used to tell him that her mother-in-law (accused Bimla), her husband (accused Narender) and her sister-in-law (NANAD) used to torture her and harass her. Motor cycle, golden chain was also demanded from her. On 26.1.2003, his son-in-law had taken Geeta from Chandhat to village Banswa. On 26.1.2003, itself accused Narender, his son-law demanded dowry in presence of him and his wife and he made him to understand. On the day of occurrence i.e. 30.1.2003, around 8.00 AM, he received a telephonic message from Bhagirath resident of village Banswa that his daughter Geeta has been murdered by her husband and some other persons. On this information, complainant along with Sohan Lal, Kishan and Kehri, residents of village Chandhat reached in village Banswa. They verified about the facts and circumstances of death of Geeta. He came to know that husband of Geeta namely Narender had murdered Geeta with knife blow on her chest, abdomen in the night in a room for want of dowry. Complainant further disclosed before the police in this application that his daughter was murdered by accused Narender on the instigation of his mother and sister. The complainant left Sohan Lal son of Nanhey, Kishan son of Hira Lal and Kehri son of Hira Lal, all residents of village Chandhat with dead body of Geeta and reported the matter in police station Hassanpur.
(3.) On receipt of above complaint/application (Ex.PA), an FIR No. 32 (Ex.PJ) was recorded against the above named accused on 30.1.2003 at 2.15 pm. Special report reached the concerned Magistrate at 4.15 pm on the said date. The investigating officer Amarjit Singh SI (PW9) went to the spot, got prepared the site plan (Ex.PK) with correct marginal notes, conducted inquest proceedings (Ex.PL) on the dead body and sent it for post-mortem examination. He also recorded statements of the witnesses. Al was arrested on 30.1.2003. On interrogation, he made a disclosure statement (Ex.PD), which led to the recovery of a knife(Ex.P3). Dowry articles were also recovered against recovery memo (Ex.PB) dated 1.2.2003. In the meantime, other accused were also arrested.;