Govind Mathur, J. - (1.) FOR the offence punishable under Section 302 Indian Penal Code the appellant is convicted and sentenced for life term with a fine of Rs. 1000/ - and further to undergo one month's rigorous imprisonment in event of default in making payment of fine under the judgment dated 17.4.2003 passed by learned Additional Sessions Judge (Fast Track), Anupgarh.
(2.) AS per prosecution, on 21.9.2002 at 10:45 AM a 'rojnamcha' entry was made at Police Station Ramsinghpur, according to that a telephonic information was given by Shri Momanram son of Lekhram that his grand son Mahendra Singh son of Devilal informed him on telephone that he has killed his wife Sunita and son Harbans near Canal at 59 G.B. Rohi on having some utterance on way while coming to Anupgarh from his in -laws house. The dead bodies were lying at Narma fields near canal at 59 G.B. Rohi. On asking, Momanram also provided details relating to parents of Sunita including phone numbers. Momanram also accepted about telephonic talk with father of Sunita. The information being appearing genuine, the incident was also brought into knowledge of the Superintendent of Police, Sriganganagar and Additional Superintendent of Police, Raisinghnagar. Shri Jamnalal, Assistant Sub Inspector alongwith constables Devpal Singh, Balvindra Singh and driver Subhash Chandra proceeded to the spot of occurrence by government jeep. A telephonic information was also given by Shri Jamnalal to Shri Om Prakash Swami, father of deceased Smt. Sunita. Shri Om Prakash then reached at the spot of occurrence and at about 02:30 PM on the same he submitted a written report with assertion that about six years earlier his daughter Sunita got married with Mahendra son of Devilal resident of Anupgarh. After about a year from the marriage, pressure was mounted for giving more dowry, thus, a case was filed at the behest of Sunita but that culminated into an agreement. After some time, demand for dowry was again made and Sunita was ousted from her in -laws house. As per the report given, Sunita and her five years old son Harbans were living with Om Prakash (informant) from about last two years and a case was pending before a competent court. On 18.9.2002 when the matter was listed before the court, an insistence was made either to settle the dispute or to provide maintenance, thus, Mahendra Singh chose to settle the dispute. On 20.9.2002 as per instructions of Panchayat which was attended by responsible residents of village, Sunita and Harbans were sent with Mahendra Singh. At about 11:00 AM a telephonic information was received from Police Station Ramsinghpur about killing of Sunita and Harbans.
(3.) INFORMANT Om Prakash suspected about murder of his daughter and grand son Harbans by Mahendra Singh son of Devi Lal, Devi Lal son of Momanram, Momanram son of Lekhram, Chawli wife of Momanram and Keshar wife of Devi Lal.;