- (1.) The appellants have filed this appeal against judgment dated August 10, 2007, and order dated August 11, 2007, vide which they were convicted for commission of an offence under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- each with a default clause.
(2.) It was allegation against them that on June 14, 2004, at 12.30 AM, they along with Kani alias Karan Singh committed murder of Maya Devi by causing her injuries when she was sleeping in the courtyard of her house. The process of law was set in motion on a statement Ex. PA made by Shyam Lal (PW2) son of the deceased at 6 AM on June 14, 2004. His statement was recorded by SI Bhagat Ram (PW14), which led to registration of an FIR Ex. PA/1 against the appellants at 6.50 AM on June 14, 2004. Special report reached the concerned Magistrate at Palwal at 10.20 AM. The following facts regarding case of the prosecution were noted by the trial Court: "The complainant stated that he was employed as gardener at Police Station Chhainsa and was residing in village Thanthari. He had six brothers, out of whom four were residing at Ballabgarh and besides him, the youngest Satbir who was unmarried, was residing in village Thanthari with his mother Smt. Maya Devi. His father had already expired. On 10.6.2004 Ms. Santosh daughter of Het Ram, aged about 20-22 years, their neighbour, was found missing from her house. Her father Het Ram and her family members kept the occurrence concealed and did not lodge a report with the police but they suspected that Satbir , his brother, had eloped with Santosh. On 13.6.2004 they received a telephone call from paternal aunt (Bhua) of Santosh from village Garhia Police Station Jevar, who informed them that Santosh was with her and they should come and take her back. On this he (complainant) alongwith Ghansham, Sarpanch and Phool, Member Panchayat and paternal uncle of Santosh went to village Garhia. On querry Santosh disclosed that Satbir was innocent from every angle and she was brought back to village Thanthari. 2. The complainant further stated that on 13.6.2004 he returned home from his duty at around 10.00 p.m. at night. He and his wife Shakuntla went to sleep on the roof of their house and his mother Smt. Maya Devi was sleeping in the compound of the house. At mid night around 12.30 a.m. Het Ram, Raghunath and Heti sons of Sohan Lal armed with lathies entered the compound of their house calling bad names to them. He woke up hearing the shouts. Kanni alias Karan Singh son of Khusha also came from his house carrying a lathi and gave an alarm to finish them all. All four of them then started raining lathi blows on his mother Smt. Maya Devi. He and his wife Smt. Shakuntla raised shouts for help from their roof. After injuring his mother badly, they started climbing the stairs to come on the roof but he managed to escape. His neighbour Mewa Ram son of Khillu had come on the spot and had kept requesting the accused with folded hands to spare Smt. Maya Devi, but they did not listen to him and fled away with their weapons only after killing his mother."
(3.) SI Bhagat Ram (PW14), the Investigating Officer, after recording statement of complainant Shyam Lal, went to the spot, prepared inquest proceedings on the dead body and sent it for post-mortem examination, which was conducted by Dr. J. D. Singh (PW9) on June 14, 2004, at 11.55 AM. The Investigating Officer also prepared rough site plan Ex. PM with correct marginal notes, picked up blood stained earth and broken pieces of bangles from the spot against recovery memos. Accused Kanni alias Karan Singh was arrested on June 14, 2004. On a disclosure statement made, the weapon of offence (stick ) was recovered. The appellants accused were arrested on June 23, 2004. Their disclosure statements also led to the recovery of weapons of offence, i.e., sticks. The Investigating Officer recorded statements of the witnesses and on completion of other formalities, put the final report in Court for trial. Copies of the documents were supplied to the accused as per provisions of Section 207 Cr.P.C. Case was committed to the competent Court for trial vide order dated August 20, 2004. The accused were charge-sheeted for commission of offence under Section 302/34 IPC. They pleaded not guilty and claimed trial.;