Kuldip Singh, J. - (1.) THIS judgment will dispose of CRA No. D -742 -DB of 2002 against judgment and order dated 07.09.2002/10.09.2002 passed by learned Addl. Sessions Judge, Narnaul, vide which accused -appellant Ram Singh was convicted under Sections 302 and 201 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/ - and in default thereof to further undergo rigorous imprisonment for three months for the offence under Section 302 IPC. He was also sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200/ - and in default thereof to further undergo rigorous imprisonment for one month for the offence punishable under Section 201 IPC. Both the sentences were directed to run concurrently.
(2.) THE State machinery was put in motion by Kishori Lal, brother -in -law of the deceased by moving an application Ex. PJ dated 03.12.2000 before S.H.O., Police Station, City Narnaul. In his application, he submitted that his bhabhi (brother's wife) Kamla widow of Jhallu Ram resident of Hudina, aged about 48 years used to come to Narnaul for labour work. As usual, on 09.10.2000 at about 7 a.m., she went to Ram Singh, mason, son of Phusa Ram, resident of village Mokhuta at Narnaul for collecting money for her labour work. Kishori Lal knew Ram Singh earlier. Kamla did not return home at night. They waited for her till late hours in the night. On the next day, they went to Narnaul and searched for Kamla but neither Kamla nor Ram Singh, Mason were found. They searched them at their own level. On 02.12.2000, they had gone to Sirsa for searching Kamla and Ram Singh, Mason. Ram Singh, Mason was seen by them at Hathi Chowk, Sirsa. He told his brothers Raghubir and Krishan, who were accompanying him, about the identity of Ram Singh, Mason. They enquired from Ram Singh about their Bhabhi (brother's wife). Ram Singh replied that he does not know about Kamla. Then they strenuously enquired from Ram Singh about Kamla and gave him 2 -4 slaps and fist blows, then Ram Singh told them that he would tell all the incident about Kamla on reaching Narnaul. Then they brought Ram Singh with them and produced him before SHO/Inspector Krishan Chand, PS. City Narnaul and also moved an application Ex. PJ before the police, on the basis of which the formal FIR No. 329 dated 03.12.2000 under Section 365 IPC was registered against Ram Singh. On 04.12.2000, accused Ram Singh was interrogated. On interrogation, he suffered a disclosure statement (Ex. PK), wherein he sated that he had constructed the house of Kamla (deceased). He fell in love with her and developed illicit relations with Kamla. Kamla used to come to him continuously for the last one year. His wife and children had gone with somebody else. Therefore, he had been giving his entire earning to Kamla. Kamla used to come to him in a rented house. He and Kamla both used to drink liquor together. Near about Dussehra festival, Kamla had taken his entire earnings. After the Dussehra festival, about 1 3/4 months ago, Kamla came to his house and demanded more money. He became frustrated by the greediness of Kamla and decided to get rid of her. Then he and Kamla consumed liquor at the rented chobara (first floor) of the house owned by one Data Ram resident of village Nasibpur. Then under the influence of intoxication, some altercation took place between them. Ram Singh lost his temper. He gave fist and slap blows to Kamla. Kamla fell down. Then he committed murder of Kamla by strangulation. Thereafter, he buried the dead body of Kamla in the poli built up in the house of Data Ram after digging the pit as the house of Data Ram was lying vacant and abandoned and he was only tenant in the chobara (first floor) of the house of Data Ram. On the next day, he ran away with his luggage. He further stated that he can get the dead body recovered.
(3.) THEREAFTER , Inspector Krishan Chand moved application Ex. PF before the Sub Divisional Officer (Civil), Narnaul for permission to dug out the dead body of Kamla. Vide order dated PF/1, permission was granted.;