- (1.) This is an appeal against the judgment of the Additional Sessions Judge (I), Bhiwani whereby he convicted Anand Singh son of Inder Singh, Inder Singh son of Chhaju Ram, Balwant Singh son of Kishna Ram and Raju alias Rajbir son of Ganga Ram under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo life imprisonment. Further to pay a fine of Rs. 2000/- each, in default to undergo R.I. for two years.
(2.) The prosecution case is unfolded by the statement Ex. PR of Phul Singh son of Richhpal made to Rajinder Singh SI/SHO of Police Station Badhra on 27.7.1995 at the bus stand of village Bindraban. Phul Singh stated that he has three brothers and four sisters. He is an agriculturist. About 42 years back, his sister Shingari was married with Rameshwar son of Kanhiya of village Pichhopa Kalan. Unfortunately, his sister did not give birth to any child. Rameshwar, his sister's husband expired about 5/6 months back. After his death, Phul Singh started looking after his sister Shingari. His brother-in- law Rameshwar remained ill and Phul Singh and his brother Daya Chand looked after him. On the night when Rameshwar expired, Phul Singh along with his brother Daya Chand was present in village Pichhopa Kalan. Phul Singh's brother-in-law Rameshwar advised both Phul Singh and Daya Chand that they should go back to their house in village Bangothri, as he was now feeling well and they should come back after 2 to 4 days. Phul Singh along with Daya Chand left the house of Rameshwar. On the next day, they came to know that Rameshwar had expired. Phul Singh along with other respectable performed his last rites. It came to the knowledge of Phul Singh that Inder Singh son of Chhaju Ram, Balwant son of Kishna and Anand son of Inder residents of village Pichhopa Kalan after affixing the thumb impressions of Rameshwar got executed a Will fraudulently, of land measuring 22 Bighas 12 Biswas in their names. For correction of this Will, a suit had been filed by Shingari which was pending in the Court of the Sub Divisional Magistrate, Dadri and the case was fixed for orders on 27.7.1995. Phul Singh and his brother Daya Chand used to pursue this case and had come to the house of their sister Shingari on the previous day at about 6 P.M and had stayed there so that on the next day, they could go to the Courts at Dadri. At about 10/11 P.M. they saw a light in the but of Inder and Balwant. The but of Inder and Balwant was situated at about one killa (acre) from the house of their sister. Phul Singh and Daya Chand went towards the hut. While hiding, they saw that Balwant son of Kishna, Inder son of Chhajju Ram, Anand son of Inder and Raju son of Ganga Ram were sitting and talking to each other. All of them stated that they would not be able to get the land through Court. They should eliminate both, the mother-in-law and daughter-in-law i.e. Sunder and Shingari Phul Singh and Daya Chand on hearing this got afraid and hid themselves behind the house of Shingari. At about 1/1.30 A.M. these four persons came to the house of their sister Shingari Inder and Balwant pounced upon Sunder, while Anand and Raju pounced upon Shingari Hands of Sunder were caught by Inder and feet by Balwant, while hands of Shingari were caught by Anand and feet by Raju. First, Shingari was thrown into a well nearby by Raju and Anand and thereafter Sunder was thrown into the well by Balwant and Inder. The well was about 200 feet deep. All the assailants after throwing Sunder and Shingari went away, to village Pichhopa Kalan. Complainant and Daya Chand did not come out, out of fear. On day break, they saw both Sunder and Shingari lying dead in the well. On the basis of statement Ex. PR, FIR Ex. PR/2 was registered. Special report reached the Sub Divisional Judicial Magistrate, Dadri on 27.7.1995 at 2 P.M.
(3.) Prosecution to prove its case brought into the witness box Dr. K.K. Mittal as PW1, Surender Singh as PW2, Ram Jas Patwari as PW3, Kailash Chand as PW4, Madan Singh as PW5, Dev Vart HC as PW6, Attar Singh HC as PW7, Phul Singh as PW8, Daya Chand as PW9 and Rajinder Singh SI as PW10.;