RATI BHAN AND ANOTHER Vs. STATE OF HARYANA
LAWS(P&H)-2019-7-5
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 10,2019

Rati Bhan And Another Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

Rajiv Sharma, J. - (1.)This appeal is instituted against judgment dated 31.08.2017 and order dated 04.09.2017, rendered by learned Sessions Judge, Bhiwani, in Sessions Trial No. 110 dated 30.05.2016, whereby appellants Rati Bhan and Sumit, who were charged with and tried for the offence punishable under Section 302 read with Section 34 IPC, were convicted thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each, and in default of payment of fine, to further undergo rigorous imprisonment for one year each.
(2.)The case of the prosecution, in a nutshell, is that on 04.02.2016, Ramesh (PW.7) lodged report, vide complaint Ex.PE, with ASI Rajbir Singh (PW.15). According to the contents of the complaint, Mewa Singh, his younger brother, was an agriculturist. Mewa Singh was working as a sweeper for the last 6-7 years. On 03.02.2016, Mewa Singh was irrigating his fields. At about 7.30 PM, he (complainant) was on his way to his fields. At about 7.45 PM, as soon as he reached near the fields of Rati Bhan, he heard the cries of his brother Mewa Singh 'Mar Diya - Mar Diya'. He reached the spot. He found Mewa Singh lying on the ground. Accused Rati Bhan was pressing his neck. Accused Sumit son of Rati Bhan was giving kick blows on the chest and belly of Mewa Singh. Another person was present there. However, he could not identify him. The accused fled towards the mustard fields. Mewa Singh was bleeding from mouth and nose. Mewa Singh was unconscious. He informed his family members. Amarjeet (PW.8), the brother-in-law of Mewa Singh, was present in the house of his sister. He reached the spot with a vehicle. They shifted Mewa Singh to the hospital. The doctor declared him dead. The motive attributed to the accused in the complaint was that about 10-15 days prior to the occurrence, a minor altercation had taken place between accused Rati Bhan and Mewa Singh. FIR Ex.PF was registered. The body was sent for post mortem examination. The accused were arrested. The investigation was completed and challan was put up after completing all the codal formalities.
(3.)The prosecution examined a number of witnesses. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, they were falsely implicated. They examined three witnesses in their defence.


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