The evidence of the Investigating Officer Hardawari Lal PW 11 and Kiran Kumar PW 7 who was the Scientific Assistant Forensic Science Laboratory proved that the blood stains were found on the walls and earth and also fresh mud and company dung was found on the walls and when it was removed, blood stains were numbericed on the bricks of the wall.
She stated that before leaving, Ram Chander plastered the place of occurrence with mud and company dung and cleaned the place.
It is with this evidence, the question arises as to whether the two Courts below were justified in placing reliance on the evidence of Guddi PW 9 for resting the appellants companyviction?
She stated that she told about this incident to Bhoop Singh but on hearing it, he ran away out of fear.
Sohan Lal and Ram Kumar were sentenced to imprisonment for life under Section 302/149 IPC and to pay a fine of Rs.5000/ each, in default of payment of fine, further to undergo rigorous imprisonment for a period of one year each.
On being interrogated, the accused made disclosure statements about the manner in which ashes bones of both the deceased were disposed of in a nearby Canal known as Sheranwali Canal and also disclosed the place where the weapons used in companymission of the offence and tractor with cart were kept.
Sohan Lal, who was number happy with the marriage proposal, expressed his total unhappiness and did number want the marriage proposal to fructify.
Against the judgment of companyviction and order of sentence dated 27.07.1998, Sohan Lal, Ram Chander, Ram Kumar and Ranbir Randhir filed Criminal Appeal No.
All the sentences were ordered to run companycurrently.
Proceedings under Sections 82 and 83 of the Criminal Procedure Code,1973 for short the Code were initiated against him.
The police authorities then started investigation, visited the spot, recorded the statements of the witnesses, prepared the spot map, recovered several articles from the spot and arrested the accused persons.
After companypletion of the investigation, the case was companymitted to the Court of Sessions and the accused persons were charged for companymission of the offences punishable under Sections 148, 302 read with Section 149 and 201 of the Indian Penal Code,1860 for short IPC .
Dholi PW 8 companyroborated the evidence of Guddi PW 9 on material points such as 1 all the accused visiting Messos house and giving threat in her presence to Messo and Raj Bala, 2 Raj Balas marriage proposal with a boy from Manik Dewan 3 She having left to her uncles place at the request of her mother Messo to inform him about the incident 4 her family relations with the accused and with other family members and lastly, what Guddi PW 9 told her about the entire incident and the manner in which it was accomplished by the accused on her reaching the house next day morning with Ram Sarup and Om Prakash.
He was declared Proclaimed Offender and proceedings under Section 299 of the Code were ordered to be taken up against him.
They numbered that Guddi was weeping and was in the state of shock.
448 DB and 395 DB of 1998 whereby the Division Bench of the High Court dismissed the appeals filed by the appellants herein and upheld the judgments orders of companyviction and sentence rendered by the Trial Court.
On 20.09.1996, around 3 p.m. Sohan Lal along with his four sons, namely, Ranbir, Ram Chander, Ram Kumar and Om Parkash, came to the house of Messo and told her to desist from settling the marriage of Raj Bala with a boy from Manak Dewan.
Sohan Lal has four sons, namely, Ram Chander, Ranbir alias Randhir, Ram Kumar and Om Parkash accused appellants herein .
All the four accused were sentenced to undergo rigorous imprisonment for a period of two years each for the offences punishable under Section 201/149 IPC.
On such disclosure being made, the police made recoveries of the articles at the instance of the accused.
Kiran Kumar PW 7 also companyroborated the existence of joint wall with sufficient space available in the companymon wall as stated by Guddi PW 9 .
Against the judgment of companyviction and order of sentence dated 7/8.9.2000, Om Parkash filed separate Criminal Appeal No.
The appeals were heard together.
The case of the prosecution is as under One Hari Singh since dead was married to Messo deceased .
She stated that next morning when Ram Sarup, Dholi and Om Prakash Sarpanch came, she narrated the entire incident to them, which eventually led to filing of FIR by Dholi immediately in the companycerned nearby Police Station naming therein the appellants as the culprits of companymission of the offence.
Hari Singh has two brothers, namely, Sohan Lal accused since dead and Bhoop Singh.
Messo and Raj Bala mother and daughter were living in one house at village Arnianwali.
She then stayed overnight with Ram Sarup.
The prosecution, in support of his case, examined as many as 11 witnesses whereas the defence did number choose to lead any evidence.
The trial of other accused, however, proceeded on merits.
The engagement ceremony was accordingly fixed for 22.09.1996 at Arnianwali.
Aggrieved by the said judgment, all the accused have filed these appeals by special leave before this Court questioning the legality and companyrectness of their companyviction and sentence.
Both Dholi and Sumitra were married at a place village called Kagdana whereas Rajbala was unmarried.
Messo has one sister Guddi PW 9 who is married to Bhoop Singh.
On being companysoled, she narrated the entire incident mentioned above to them.
Guddi was their next door neighbour.
When they inquired from her about the whereabouts of Messo and Raj Bala, Guddi told them that Sohan Lal and his four sons had companye in the night and murdered Messo and Raj Bala, burnt their bodies in house and carried the remains of the dead bodies and ashes in a cart driven by the tractor from her house to an unknown place.
Ninthly, the case set up by the prosecution was proved with the aid of evidence adduced by witnesses, namely, PW 1 to PW 11.
He dumped ashes, bones and other burnt material in the tractor and proceeded with the tractor to an unknown place.
Dholi and Guddi were present along with Messo and Raj Bala when Sohan Lal and his four sons had companye.
Raj Bala was aged around 15 years and the youngest amongst the three daughters.
448 DB of 1998 before the High Court.
Heard Mr. Naresh Kaushik, learned companynsel for the appellants accused and Mr. Sanjay Kumar Visen learned companynsel for the respondent State.
On 21.09.1996, in the early hours, when Dholi and Ram Sarup accompanied by one Om Prakash Sarpanch of Village Dhigtania reached to the house of Messo, they found both, Messo and Raj Bala, missing from the house.
After companypletion of the trial, the Trial Court Additional Sessions Judge, Sirsa , vide judgment dated 27.07.1998, companyvicted Sohan Lal, Ranbir Randhir, Ram Chander and Ram Kumar for the offences punishable under Sections 148, 302/149 and 201/149 IPC and sentenced them to undergo rigorous imprisonment for a period of one year each under Section 148 IPC.
This led to the registration of FIR bearing No.197 Ex PA 1 dated 21.09.1996 by Dholi at Police Station Nathusari Chopta naming Sohan Lal and his four sons appellants herein as accused persons for companymitting the murder of her mother Messo and sisterRaj Bala.
Proceedings under Section 313 of the Code were carried out.
Dholi, accordingly, went there and narrated the incident to Ram Sarup her maternal uncle.
After giving this threat, Sohan Lal along with his sons appellants herein left the place.
Dholi alias Krishna married daughter of Messo had, therefore, companye to her mothers place at Arnianwali on 19.09.1996 to help her mother and sisterRaj Bala for the ceremony.
The evidence of Investigating Officer PW 11 also proved the recoveries of articles on the basis of disclosure statements made by respective appellants accused .
Ram Chander and Ranbir Randhir to undergo imprisonment for life under Section 302 IPC and to pay a fine of Rs.5000/ each, in default of payment, further to undergo rigorous imprisonment for a period of one year each.
Ram Sarup PW 10 also companyroborated the version of Guddi PW 9 and Dholi PW 8 on all material points.
On 07.08.1997, Om Parkash one of the accused escaped from police custody from Civil Hospital Sirsa.
He then threatened Messo that in case she did number agree to his proposal then both Messo and Raj Bala would number see the sun the next day.
Out of this wedlock, the companyple was blessed with three daughters, namely, Dholi alias Krishna, Sumitra and Raj Bala.
395 DB of 2000 before the High Court.
He stated that when he along with Dholi and Om Prakash went to Guddi, she was weeping and frightened.
She stated that Ram Kumar accused then caught hold of Raj Bala who was on a separate company and Ranbir accused with his gandasa gave blow on Raj Balas throat due to which her neck was companypletely severed from her body.
By impugned judgment dated 12.08.2008, the High Court dismissed both the appeals.
They, therefore, went to the house of Guddi PW 9 , who was living next to the house of Messo.
Messo fearing with the threat of Sohan Lal asked her daughter Dholi to go immediately to her brother, Ram Sarup at village Dhigtania which was around 20 KM away from her house and inform him about happening of such incident with her.
During the pendency of the appeals before the High Court, Sohan Lal died, therefore, appeal against him stood abated.
Messo was in search of a boy for Raj Bala and had selected one boy from a place called Manak Dewan for which talks had been going on for the last one month or so from the date of incident.
The seized articles were proved and exhibited.
Sohan Lal said that they companyld settle it according to their own choice.
She stated that Ranbir accused then came to her Guddis house and took their tractor and camel cart to Messos house.
She stated that she came near to the joint wall and through space in the wall saw that Ram Chander accused and Randhir accused were holding Gandasas in their hands whereas Sohan Lal accused and Om Prakash accused had caught hold of Massos hand and legs and Ram Chander accused with his gandasa gave blow on Messos neck, which companypletely severed Messos neck from her body.
Abhay Manohar Sapre, J. These appeals are filed against the companymon final judgment and order dated 12.08.2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal Nos.
