JASPAL SINGH, J. - (1.) BY this common judgment, we intend to dispose of Criminal Appeal No.354 -DB -2002 and Criminal Appeal No.429 -DB of 2002 as both these appeals arise for one and the same judgment dated April 11, 2002 and order of sentence dated April 12, 2002 passed by learned Additional Sessions Judge, (Adhoc), Fast Track Court, Hisar, whereby accused -appellants were convicted under Sections 302/34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/ - each and in of payment of fine, to further undergo RI for six months each under Section 302 read with Section 34 IPC.
(2.) IN nut -shell, the case of the prosecution as unfolded by Mani Ram complainant is that he got his statement recorded before Inspector Shiv Dayal, SHO, Police Station, Sadar Hisar, who was present at Gangwa Bus Stand on July 8, 1999 to the effect that his elder brother, Chanderbhan was married to accused -Raj Bala about 18/19 years back. As his wife has no brother, Chanderbhan shifted to village Tokas after two years of his marriage and started living as live in son -in -law "Ghar Jamai" after constructing a farm -house (Dhani) in the fields. They were blessed with three sons. As Raj Bala was not enjoying good character, their relations became strained and they used to quarrel with each other. On his visits to his village Bhojraj, Chanderbhan used to disclose these facts to him and his father. They persuaded Raj Bala and Chanderbhan many times not to do so. Earlier also, Raj Bala eloped with Ramesh resident of village Latani. Though, the matter was settled by the village Panchayat but Raj Bala did not mend her ways. On July 8, 1999, at about 7.00 and 8.00 a.m., Ramphal neighbour of Chanderbhan visited village Bhojraj and was informed that his brother is lying dead outside his farm house (Dhani). On receipt of this information, he accompanied by his father and cousin reached village Tokas and spotted the dead body of Chanderbhan lying in the cotton fields, near his farm house. There were marks of injuries not only on his face etc. but also on his neck. A small bottle of spray and a cup of steel were lying nearby. He suspected that his brother Chanderbhan has been murdered by causing injuries, administering some spray or poison and strangulating him. The motive behind his murder is that Raj Bala was a lady of bad character and her husband used to reprimand her. The aforesaid statement of Mani Ram, Ex.PE was sent by making endorsement Ex. PE/3 at 1.40 p.m. on July 8, 1999 to Police Station for registration of a case. A formal FIR Ex.PE/1 was put into black and white. Thereafter, Inspector Shiv Dayal accompanied by Mani Ram and some police officials visited the spot. He prepared an inquest report Ex.PB, got clicked photographs of the dead body and its surroundings, prepared the rough site plan of the place of occurrence, lifted simple and blood stained soil from the spot. He also collected scarf (Chuni), a wrist watch, small bottle and some pieces of blood stained bangles and niwar from the place of occurrence which were converted into a sealed parcels. These articles were taken into possession through recovery memos. C - Bhoop Singh and C -Rattan Singh were deputed to get the dead body of Chanderbhan subjected to autopsy. After getting the needful done, C -Bhoop Singh handed over belongings of Chanderbhan in a sealed cover to the SHO which were taken into possession vide memo Ex.PM. Subsequently, they were deposited with MHC in due course. On July 11, 1999, when Inspector Shiv Dayal was present on Dabra Bus Stand, Sajjan Singh and Rattan Singh PWs produced Bhoop Singh and Raj Bala before him and they were taken into custody.
(3.) ON July 12, 1999, Bhoop Singh was subjected to interrogation, during which, he suffered disclosure statement that he has kept concealed "Chuni" in the fields under cotton sticks about which he has an exclusive knowledge and could get the same recovered. On the basis of this disclosure statement, Chunni was got recovered by him from the pre -disclosed place. Chuni was converted into a parcel, sealed and taken into possession through recovery memo Ex.PL. The site plan of the place of recovery of the Chuni was prepared with correct marginal notes.;