LexRAI SINGH versus STATE OF HARYANA
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RAI SINGH v. STATE OF HARYANA AUGUST 23, 1996 [M.K. MUKHERJEE AND S.P. KURDUKAR, JJ.] Criminal Law : Penal Code, 1860 : Section 302. Murder-Caused by pistol-Incident took place inside house of deceased at an unearthly hour--S on and daughter of deceased were most natural and probable witnesses-1heir evidence stood amply c01mborated by A B c the fact that body of deceased was found in their house with fireann in- juries-According to rep01t of Forensic Science Laboratory these could have D been caused by pistol which was concealed by accused-Held : conviction justified--Anns Act, 1959, S. 2~Tenmist and Disrnptive Activities (Preven- tion) Act, 1985, S. 6. The appellant was convicted under Section 302 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 read with Section 6 of the E Terrorist and Disruptive Activities (Prevention) Act, 1985. Hence this appeal. According to the prosecution in the early hours when the deceased was sleeping in her house with her two children - her husband being away - she heard a knock on the door. When she 01,ened the door she found the appellant-accused standing outside. Having come to know that her hus- band was away, the appellant told the deceased to accompany him. When she refused he fired at her with a pistol as a result of which she fell down dead. During investigation pursuant to the appellant's statement the pis- tol, which was concealed beneath a tree, was recovered. As regards to the F G motive for the murder, it was the further case of the prosecution, that the deceased and the appellant originally hailed from two neighbouring vil- lages and that they were close to each other. After her marriage the appellant still continued to visit her and an illicit relationship. grew between them. A fortnight before her murder the appellant had again come H 125 126 SUPREME COURT REPORTS [1996] SUPP. 5 S.C.R. A to meet lter and her husband 1turned him out after assaulting him with a lathi. Dismissing the appeal, this Court HELD : 1.1. Though the appellant pleaded not guilty to the charge B of murder levelled against him, he admitted that he had developed illicit - intimacy with the deceased and that about a fortnight prior to the incident her husband had found them in a compromising position. He also ad- mitted his presence in the house of the deceased on the fateful night. According to him, he was called by the deceased herself and when her C husband returned early in the morning he tried to kill the appellant but somehow he made good his 1escape. He did not know what happened thereafter. [128·C"D] 1.2. Since the murder took place inside the house of the deceased D and that too at an unearthly hour, the son and daughter of the deceased were the most natural and probable witnesses. Besides, in spite of search- ing cross-examination, the defonce could not discredit them. On the con- trary, their evidence stands amply corroborated by the fact that the body of their mother was found in their house with firearm injuries, which according to the report of the Forensic Science Laboratory could be caused E by the pistol which the appellant kept concealed beneath a tree, a fact which stands established by the evidence of the Investigating Officer and the witnesses to the recovery. (128-G-H; 129-A-B] F G CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 479of1988. From the Judgment and Order dated 8.6.88 of the Designated Court at Karna! in Sessions Trial No. 106 and 107 of 1987. Sanjay Bansal (AC) for the Appellant. Ajay Siwach and Prem Malhotra for the Respondent. The Judgment of the Court was delivered by M.K. MUKHERJEE, J. Rai Singh, the appellant before us, stands H convicted and sentenced under Section 302 IPC and Section 25 of the Arms ... RAISINGHv. STATE[M.KMUKHERJEE,J.) 127 Act, 1959 read with Section 6 of the Terrorist and Distruptive Activities A (Prevention) Act, 1985 for committing the murder of Smt. Parkashi W/o Attar Singh, with a country made pistol. 2(a) According to the prosecution case in the early hours of January 30, 1987 when Smt. Parkashi was sleeping in her house in village Chhajpur under Panipat Police Station with her two children - her husband being away to Panipat where he worked as a Chowkidar in a factory - she heard a knock on the door. After lighting an earthen lamp when she opened the door she found the appellant standing outside. He asked her as to her husband's whereab
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