MURLI AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-8-115
HIGH COURT OF RAJASTHAN
Decided on August 20,2015

Murli And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Kanwaljit Singh Ahluwalia, J. - (1.) Chhaju Ram (P.W.1) was married with Chhamli Devi. From the loins of Chhaju Ram and womb of Chhamli Devi two sons namely, Rameshwar (P.W.7) and Netram deceased were born. Both the brothers were married with two sisters namely Prem Devi and Madhu Devi accused appellants and daughters of Devi Sahai. Rameshwar (P.W.7) was married with Prem Devi, whereas Netram was married with Madhu Devi. The case of the prosecution is that on 23.3.2007, Netram went to the house of his in -laws and in the morning of 24.3.2007, he left in -law's house and thereafter was not found. On 29.3.2007, Chhaju Ram (P.W.1) had submitted a missing report (Exhibit -P/1) before Mohan (P.W.12), who was then posted as SHO, Police Station Narainpur, District Alwar. Thereafater, on 5.4.2007 at 7:30 PM, he had submitted a written report (Exhibit -P/2) before Mohan (P.W.12), on the basis of which a formal FIR (Exhibit -P/3) bearing No. 16/07 was registered at Police Station Narainpur, District Alwar. According to the prosecution, Prem Devi and Madhu Devi were having illicit relations with Ramniwas and Murli, respectively and furthermore, Devi Sahai father of two sisters namely Prem Devi and Madhu Devi, along with paramour Murli and Ramniwas had facilitated murder of Netram. On the basis of above allegations, Madhu Devi, Prem Devi along with their paramour Murli, Ramniwas and father Devi Sahai were sent for trial.
(2.) The court of Additional Sessions Judge (Fast Track) No. 1, Alwar, vide impugned judgment dated 6.9.2010 acquitted Ramniwas of offence under Sec. 109 and 302 read with Sec. 120 -B IPC and acquitted Devi Sahai of offence under Ss. 109 IPC. However, the trial court held Murli S/o. Matadeen, Madhu Devi and Prem Devi both daughters of Devi Sahai guilty of offence under Ss. 302 and 201 IPC. The trial court having convicted Murli, Prem Devi and Madhu Devi for the aforesaid offences, vide a separate order of even date sentenced them as under: - "U/s 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ - each, in default of payment of fine to further undergo one year additional imprisonment. U/s 201 IPC - to undergo five years S.I. and to pay a fine of Rs. 2,000/ -, in default of payment of fine to further undergo six months additional imprisonment." All the sentences were ordered to run concurrently.
(3.) Aggrieved against their conviction and sentence the appellant Murli preferred D.B. Criminal Appeal No. 728/2010, whereas Prem Devi and Madhu Devi instituted D.B. Criminal Appeal No. 751/2010 assailing their conviction pronounced and sentence awarded by the trial court vide impugned judgment dated 6.9.2010. The complainant Chhaju Ram had filed D.B. Criminal Appeal No. 44/2011 to assail the acquittal of Devi Sahai and Ramniwas. Since in all the three appeals common judgment has been assailed, we shall decide all the three appeals together.;


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