JUDGEMENT
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(1.) The accused/appellant-Ranjhe Khan was convicted under Section 302 IPC and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months vide judgment and order dated 26.03.2011 passed by learned Additional Sessions Judge, Ludhiana. Precisely, the story presented by the prosecution was that Smt. Rani (since deceased) was married to Ranjhe Khan (accused/appellant) of village Akhara about 15 years ago. They had three sons namely Sonu, Kala and Deepu. Sometime prior to the occurrence in question, a buffalo and bitch of Madaan Khan, elder brother of Ranjhe Khan had died regarding which Madaan Khan had got registered a case against Smt. Rani.
On 07.08.2004 at about 6:00 pm Sonu telephoned in the neighbourhood of Daler Deen (brother of Smt. Rani) and left message asking Daler Deen to ring him back. Daler Deen contacted Sonu on telephone, who informed that his Sister-Smt. Rani had died at about 3:30 pm in Civil Hospital, Jagraon.
On the next day i.e. 08.08.2004 Daler Deen reached village, Akhara at about 10.00 am. By then, the dead body had been buried in the graveyard. On the next day, when he again visited village Akhara he came to know that his sister-Smt. Rani had been murdered by her husband-Ranjhe Khan, brother-in-law-Maddan Khan and son of her brother-in-law namely Rafiq Khan. Niece of Daler Deen namely Raju also told him about the murder of Smt. Rani.
Daler Deen lodged a complaint with the police. He stated that the motive for murdering his sister was that because Madaan Khan had got registered a case against Smt. Rani, she used to stop her husband-Ranjhe Khan to have relations with Madaan Khan.
(2.) A case under Section 304 of the Indian Penal Code was registered. On 12.08.2004 deadbody of Smt. Rani was exhumed from the graveyard in the presence of Sh. Daljit Singh Chhina, Tehsildar, Jagraon and was sent for post mortem examination. The appellant-Ranjhe Khan was arrested but the other two persons Madaan Khan and Rafiq Khan named in the FIR were not arrested/challaned.
(3.) The appellant-Ranjhe Khan was charge-sheeted for commission of offence under Section 302 IPC to which he pleaded not guilty and claimed trial. The prosecution examined all witnesses namely PW 1 - Dr. Sarwan Singh, PW 2 - Dr. Sukhdev Singh, PW 3 - Daler Deen, PW 4 - Laddi Khan, PW 5 - Ran Singh, PW 6 - Rajo, PW 7 - Inspector Mohinder Kumar, PW 8 - Rajia Begam, PW 9 - Parveen Kaur, PW 10 - Darshan Singh, PW 11 - Constable Tarsem Singh, PW 12 - HC Gulzar Singh, PW 13 - Daljit Singh Chinna and PW 14 - Tarsem Lal for substantiating its allegations. The appellant in his statement recorded under Section 313 of the Code of Criminal Procedure pleaded false implication but did not lead any evidence in defence.
Appellant-Ranjhe Khan was convicted and sentenced as indicated above.
Feeling aggrieved the appellant preferred the instant appeal.;
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