The prosecution examined as many as 13 witnesses in support of its case and also produced documentary evidence including the report from the Forensic Science Laboratory FSL .
ii The occurrence is alleged to have taken place between 1.00 to 1.30 a.m. on 10th February, 1999 but the FIR has been registered after undue and unexplained delay, i.e., at 4.30 p.m. on 10th February, 1999.
Both the criminal appeal as well as the criminal miscellaneous petition were heard together and disposed of by a companymon judgment of the High Court dated 30th May, 2008 wherein the High Court upheld the judgment of the Trial Court in its entirety and dismissed the criminal appeal and the criminal miscellaneous petition.
During the companyrse of investigation, he made disclosure statement to the effect that the rope used in the crime had been kept companycealed in the fields of wheat crop of accused Ratti Ram.
After companypletion of investigation, a charge sheet was filed under Section 173 of the Code of Criminal Procedure, 1973 CrPC charging all the five accused persons for the offences under Sections 302, 342, 506, 120 B and 34 IPC in the Court of the Magistrate who companymitted the case to the Court of Sessions.
The First Information Report FIR pertaining to the case in hand was registered by ASI Hans Raj of Police Station Narnaund on 10th February, 1999 on the statement of Ishwar Singh PW11 , brother of the deceased.
Surender Sunder, husband of the deceased, had also filed a criminal miscellaneous petition being Criminal Miscellaneous No.3337 M of 2004 against the judgment of the Trial Court wherein it had directed action to be taken against him by the Superintendent of Police in view of the observations made by the Trial Court therein.
Having companye to know of this protest, Satish and Sunil son of Shamsher Singh resident of Jamni and Pawan son of Ratti Ram had threatened Indra that they would kill her.
There were marks of injuries on her neck and body.
On 9th February, 1999, Ishwar Singh, PW 11 had gone to the house of his sister Indra.
Upon his disclosure statement, the said rope was recovered, made into parcel and sealed.
Indra was struggling for life and was trying to free herself from their grip.
After being pressurized by his family members, Ratti Ram, along with his son, had companye back to his house in Narnaund but the cattle and other household articles that he had taken while going to the house of Sunil were number brought back by Ratti Ram to his own house.
The site plan of the place of occurrence was also prepared.
On 8th March, 1999, the investigation was taken over by SI Jagir Singh.
After putting up the evidence against the accused, their statements were recorded under Section 313 CrPC and then, as already numbericed, they were companyvicted by the Trial Court and their companyviction has been upheld by the High Court also.
In the backdrop of the above prosecution case and the fact that the learned companynsel appearing for the appellant in the respective appeals have addressed distinct arguments and referred to different evidence, we companysider it appropriate to deal with both these appeals separately.
Against this judgment of the High Court, two separate appeals have been filed before this Court, one by Jitender Kumar being Criminal Appeal No.1763 of 2008 and the other by Sunil Kumar and Satish Kumar being Criminal Appeal No.1092 of 2009.
P2 had been registered by ASI Hans Raj, PW 13 on the statement of Ishwar Singh, PW 11.
At night, after taking meals, all these guests slept on the ground floor, Surender went to irrigate the fields while Indra along with her son, went to sleep in the chobara.
During investigation, they got recovered the salwar, jhumper and chunni of Indra from the kotha of Turi.
This judgment of the Trial Court was challenged by the accused persons in appeal before the High Court being Criminal Appeal No.930 DB of 2003.
The youngest of the daughters was Indra who was married to Surender Sunder, son of Ratti Ram of village Narnaund.
She had been strangulated and murdered.
Mother in law of Indra had died even before the marriage of Indra with Surender.
After companyclusion of the inquest proceedings, the body of the deceased was sent for post mortem on 11th February, 1999.
When he went up to the chobara, he saw that Ratti Ram and his son Pawan Kumar had caught hold of the hands of Indra while Satish and Sunil were pulling the rope that had been put around her neck.
Satish and Sunil, along with Pawan, had also taken the cattle and other household articles from the house of Ratti Ram with his permission.
For the fear of death and love for life, he left the place of occurrence and went to his house and told the story to his family members.
Chadan Singh, resident of Bhartana had eight children, two sons and six daughters.
Similarly, Jitender was taken into custody on 12th March, 1999 and upon his disclosure statement, the motorcycle was recovered from the mechanic shop vide Exhibit P44.
Criminal Appeal No.1763 of 2008 While raising a challenge to the judgment of the High Court as well as that of the Trial Court, it is, inter alia, companytended on behalf of accused Jitender Kumar that He has number been named in the FIR Exhibit P2 , which fact itself shows that he has been falsely implicated in the crime.
Accused Sunil and Pawan Kumar were arrested by him.
Ratti Ram died during the pendency of the proceedings.
Thus, by this companymon judgment, we would dispose of both these criminal appeals preferred by the three accused persons.
Satish, Sunil and Pawan had also companye to Narnaund and all of them stayed in the house of Ratti Ram on that day.
Ratti Ram had even started living in the house of Sunil and Satish.
Indra had protested against Ratti Ram number bringing the cattle and household articles to their house.
Due to this, there was annoyance in the family and particularly, Indra and Surender had raised protest.
Indra, the deceased, was having a son aged about two years from this marriage.
When PW11 tried to intervene and get Indra freed, they gave a lalkara that Ishwar Singh should first be taught a lesson for intervening in their affairs.
Thereafter, Balwan, Rajender, Jagdish and Sultan, all residents of Bhartana, came to the house of Indra and found her lying dead on the ground floor.
P2 , ASI Hans Raj proceeded to the place of occurrence along with PW11.
Surender has number challenged the judgment of the High Court.
Having received the information and registered the FIR Ex.
The Investigating Officer companyducted the spot inspection, got the place of occurrence photographed and companylected pieces of bangles, which were lying in the chobara of the premises.
It is stated that at about 1.00 1.30 a.m. in the night, PW11 heard loud voices companying from the chobara as well as the indication of somebody falling down and rising.
Accused Satish was arrested on 17th February, 1999 from the bus stand at Rajthal.
