Nawab Singh, J. - (1.) THIS judgment disposes of above two criminal appeals bearing Nos. 942 -DB of 2004 and 155 -DB of 2005, as both these appeals have arisen from a common judgment and order dated October 7, 2004 and October 8, 2004 respectively passed by learned Additional Sessions Judge, Ambala.
(2.) CRIMINAL Appeal No. 942 -DB of 2004 has been filed by Smt. Manju alias Sapna accused -Appellant and Criminal Appeal No. 155 -DB of 2005 has been filed by Surinder Kumar alias S.K. alias Bhura accused -Appellant against the judgment and order dated October 7, 2004 and October 8, 2004 respectively passed by Additional Sessions Judge, whereby both of them were convicted for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 200/ - each. In default of payment of fine, the Appellants were directed to further undergo rigorous imprisonment for one month each. The factual scenario as highlighted by the prosecution is as follows: Joginder Singh (since deceased) was a property dealer running the business in the name and style of Heera Property Dealer, Mahesh Nagar, Ambala Cantt. On May 22, 1999 at 5.00 p.m., a male accompanied by a female along with a child came in a car at his office. Smt. Avinash Kaur wife of Joginder Singh (PW -21) was also present at that time. After some time, Ashok Gulati (PW -17) also came at the shop of Joginder Singh. All of them talked for a little while. At about 6/6.30 p.m. Joginder Singh left with the said male and female in their car. Ashok Gulati (PW -17) followed them on his scooter. When Joginder Singh did not return to his house upto 10.30 p.m. his wife Avinash Kaur (PW - 21) took the telephone number of Ashok Gulati (PW -17) from Sardar Baldev Singh, another property dealer. She rang up Ashok Gulati (PW -17). Ashok Gulati's wife picked up the telephone and informed that Ashok Gulati had not come to the house. Avinash Kaur (PW -21) told her that her husband had gone with Ashok Gulati, but did not return and as and when Ashok Gulati comes to the house tell him to talk to her. She did not receive any telephone call from Ashok Gulati. At 12 mid night, she again rang up the house of Ashok Gulati. Ashok Gulati's wife picked up the telephone and informed her that three or four persons came in a car and left Ashok Gulati at the house and he was sleeping. She (Avinash Kaur) (PW -21) told the wife of Ashok Gulati to awake Ashok Gulati as she wanted to talk to him. In the meantime, the telephone (got) disconnected. Avinash Kaur (PW -21) also rang up her relations residing at Krishna Nagar and Durga Nagar, Ambala Cantt., but she could not find the whereabouts of her husband. Next morning at about 6/6.30, she again rang up Ashok Gulati (PW -17), who informed her that he would be reaching her house at the earliest. After some time Ashok Gulati (PW -17) reached the house of Avinash Kaur (PW -21). Ashok Gulati tried to find out the address and telephone numbers of some persons residing at Ambala City because the female and the male, who came previous evening, were residents of House No. 998, Sector No. 9 Ambala City, but could not find the address and telephone number of those persons. Ashok Gulati asked her to wait upto 9/10 a.m. because those persons were to execute an agreement and to get the same executed, they would certainly come. Thereafter, Ashok Gulati went away. At about 9 a.m., she received a telephone call from her nephew Jasbir Singh. Jasbir Singh called her at his house. She along with her children went to the house of Jasbir Singh. On reaching the house of Jasbir Singh, she was informed that Joginder Singh's dead body was lying in the Military Ground, Ambala Cantt. On coming to know of it, she reached the Military Ground, Ambala Cantt. and identified the dead body of her husband Joginder Singh. She then made a statement (Exhibit PF) to Surjit Kumar, Station House Officer, Police Station Mahesh Nagar, Ambala Cantt. (for short 'SHO') (PW -27), which led to the registration of First Information Report (for short 'FIR') (Exhibit PG) under Sections 302 and 201 read with Section 34 IPC at Police Station Mahesh Nagar, Ambala Cantt. She suspected that her husband had been killed by the persons, who came at his shop the preceding evening. She also suspected that those persons were sent by Gurpal Singh alias Pala's brother -in -law Nirbhey Singh and brother Surinder Singh alias Chhinda, because Nirbhey Singh had a dispute with her husband over a plot. Civil as well as criminal litigation was pending between her husband and Nirbhey Singh.
(3.) INQUEST proceedings were conducted and spot was inspected by Surjit Kumar Inspector (PW -27). Rough site plan (Exhibit PZ) was prepared. Blood stained Shawl of black colour, with which the dead body was tied, blood stained underwear and a letter were taken into possession vide seizure memorandum (Exhibit PB). The dead body was sent for post -mortem examination at Civil Hospital, Ambala Cantt. After post -mortem examination, the clothes of the deceased were also taken into possession vide seizure memorandum (Exhibit PC).;