- (1.) THIS order, shall dispose of CRA No. D -325 -DB of 2002 filed by the appellants against the judgment and order dated 16.4.2002, passed by learned Additional Sessions Judge, Nawanshahr, vide which appellants Dharminder Kumar @ Happy, Sukhdev Rani and Chaman Lal @ Ghagu have been convicted under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life each and fine of Rs. 2,000/ - each, in default thereof, to undergo further rigorous imprisonment for six months each. They have also been convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for five years each and to pay fine of Rs. 1,000/ - each, in default thereof, to undergo further rigorous imprisonment for six months each. Accused Parkash Singh has been convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 1,000/ -, in default thereof, to undergo further rigorous imprisonment for six months.
(2.) THE case was registered on the basis of a handwritten complaint dated 13.3.1999 (Ex.PBB) signed by 10 persons of the mohalla (locality) including Vijay Rani against the accused regarding the murder of Neelam Rani. It was stated in the complaint that on 2.3.1999 at about 7:30 PM, accused Rani Devi (also known as Sukhdev Rani), Happy (Dharminder Kumar) and Ghagu Mistri (Chaman Lal) beat up Neelam Rani, daughter of Amar Nath with dandas and when she was gasping, she was administered some intoxicating drug, as a result of which she died. Thereafter, Neelam Rani was put in a white coloured Maruti van and accused Rani Devi, Happy, Raju and Ghagu Mistri took her (Neelam Rani) to the house of Kamla nurse. Thereafter, in order to dispose of the dead body, they started searching for another vehicle. Then, they arranged one Matador No. HR -01 -D -6092. Rinku son of Surinder Kumar was arranged as driver and in order to dispose of the dead body, all the said persons took the dead body towards Ludhiana. The complainants further stated that they have come to know from the respectables of the locality that Kunti Devi wife of Prakash is husband's sister of Rani Devi. All these accused took Matador No. HR -01 -D -6092 to some other place and after disposing of the dead body, all of them came back and started proclaiming in the locality that they have cremated their daughter. Then, all the complainants went to Rahon police station on 3.3.1999 and orally narrated the entire story to ASI regarding the said murder, but he did not take any action. Thereafter, they kept mum as accused had kept Beer Sahib in their house for simple path in the memory of the departed soul. It was further stated in the complaint that today, the bhog of simple path has taken place. Therefore, it is requested that the accused should be arrested and action should be taken against them.
(3.) ON receiving the said complaint, SI Ram Lubhaya of Police Station Rahon conducted an inquiry and thereafter, FIR No. 10 (Ex.PF) under Sections 302, 201/34 IPC was registered against the abovesaid accused on 16.3.1999. The police then visited the spot and prepared rough site plan (Ex.PR). On 17.3.1999, accused Dharminder Kumar @ Happy was arrested. On interrogation, he made disclosure statement (Ex.PJ) wherein he stated that he alongwith his mother Sukhdev Rani and Chaman Lal son of Nama Ram, resident of Rahon, had killed his sister Neelam Rani by administering her some poisonous medicine. Thereafter, they had put the dead body in Metador No. HR -01 -D -6092 and took the dead body to his uncle (aunt's husband) Parkash Singh, resident of village Kaddon, P.S. Payal, District Ludhiana and then after consulting Parkash Singh (mentioned at some places as Parkash Chand), the dead body was buried on Doraha -Ambala Road after digging a 3/4 feet deep and 5/6 feet long pit about 60 feet away from the road near the place where eucalyptus trees are standing. This was done on the night of 3.3.1999 at about 12:30/1:00 AM. This fact is within his knowledge and within the knowledge of his mother, Parkash and Chaman Lal and he can get the dead body recovered. The police in the presence of Achhar Singh Toor, Tehsildar, Payal, some respectables and Vijay Rani (complainant) took accused Dharminder Kumar @ Happy to the said place, who identified the said place. After removing the earth, accused Dharminder Kumar got recovered the dead body of Neelam Rani, which was covered with green cloth. The dead body was identified by Vijay Rani (complainant). The photographs of the process of exhuming the dead body were also taken. The inquest report (Ex.PG) of the dead body was prepared. The post mortem of the dead body was got conducted. The site plan of recovery of dead body was also prepared.;