Punjab-Haryana High Court
Cra-D 22-Db Of 2008 vs State Of Haryana on 23 January, 2012
Author: Jasbir Singh
Bench: Jasbir Singh, Sabina
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CRA-D 22-DB of 2008
Date of decision: 23.01.2012
Hamida Khatoon
.....Appellant
Versus
State of Haryana
......Respondent
2. CRA-D 166-DB of 2008
Irfan Ahmed and others
.....Appellants
Versus
State of Haryana
......Respondent
3. CRA-D 516-DB of 2008
Julfan
.....Appellant
Versus
State of Haryana
......Respondent
CORAM: Hon'ble Mr.Justice Jasbir Singh
Hon'ble Mrs.Justice Sabina
Present: Mr.A.S.Sullar, Advocate for the appellant in
CRA No.516-DB of 2008
CRA-D 22-DB of 2008 2
Ms.Anju Arora, Advocate for the appellant in
CRA No.166-DB of 2008
Mr.P.S.Ahluwalia, Advocate for the appellant in
CRA No.22-DB of 2008
Mr.Pardeep Singh Poonia, Addl.A.G. Haryana
Jasbir Singh, J.
This order will dispose of three Criminal Appeal bearing Nos. CRA No.D-22-DB of 2008, CRA No.D-166-DB of 2008, CRA No.D-516
-DB of 2008, filed by Hamida Khatoon (A2), Irfan Ahmed (A1) and Julfan (A3) respectively, all residents of village Budha Khera, P.S. Chilkan, district Saharnpur (U.P. To dictate order, facts are being mentioned from CRA No.22-DB of 2008.
It is necessary to mention here that A3 is appellant No.2 in CRA No.D-166-DB of 2008. Subsequent thereto, A3 has also filed an appeal bearing CRA No.D-516 -DB of 2008. Arguments were addressed in the former appeal and in view of above, the latter appeal has virtually become infructuous.
It is necessary to mention here that A1 and A2 are the husband and wife respectively. They along with A3, a co-villager, have filed these appeals against judgment dated 12.12.2007, convicting them as under:- CRA-D 22-DB of 2008 3
Irfan Ahmed (A1) u/s 120 IPC (criminal conspiracy for abduction and murder of Akram Ansari and Afsana Ansari) u/s 364 IPC (for abduction of Akram and Afsana Ansari) u/s 302 read with section 120-B and 34 IPC (for two counts i.e. murder of Akram Ansari and Afsana Ansari) u/s 201 IPC u/s 365 IPC u/s 323/34 IPC (for kidnapping and causing simple injuries to Alka.) Hamida Khatoon(A2) u/s 120B IPC (criminal conspiracy for abduction and murder of Akram Ansari and Afsana Ansari) u/s 365 IPC u/s 323/34 IPC (for kidnapping and causing simple injuries to Alka.) Julfan(A3) u/s 120 IPC (criminal conspiracy for abduction and murder of Akram Ansari and Afsana Ansari) u/s 302 read with section 120B and 34 IPC (for two counts i.e. murder of Akram Ansari and Afsana Ansari).
u/s 201 IPC The appellants have also challenged an order dated 14.12.2007. For the above offences, following sentence was imposed upon them:-
Irfan Ahmed (A1) Under Sections Sentence 120-B IPC Imprisonment for life and is also sentenced to pay a fine of Rs.3000/-.
In default of payment of fine, to further undergo rigorous imprisonment for a period of four months.
364 IPC (for abduction to undergo rigorous imprisonment of Akram Ansari) for a period of ten years and to pay a fine of Rs.3000/-. In default of payment of fine, to further undergo rigorous imprisonment for a period of four months.CRA-D 22-DB of 2008 4
364 IPC (for abduction to undergo rigorous imprisonment of Afsana Ansari) for a period of ten years and to pay a fine of Rs.3000/-. In default of payment of fine, to further undergo rigorous imprisonment for a period of four months.
302 read with Section Imprisonment for life and is also 120-B IPC (for murder ordered to pay a fine of Rs.5000/-.
of Akram Ansari) In default of payment of fine, to further undergo rigorous imprisonment for a period of six months.
302 read with Section Imprisonment for life and is also 120-B IPC (for murder ordered to pay a fine of Rs.5000/-.
of Afsana Ansari) In default of payment of fine, to
further undergo rigorous
imprisonment for a period of six
months.
201 IPC To undergo rigorous imprisonment
for a period of three years and to pay
a fine of Rs.2000/-. In default of
payment of fine, to further undergo
rigorous imprisonment for a period
of three months.
365 IPC To undergo rigorous imprisonment
for a period of five years and to pay
a fine of Rs.2500/-. In default of
payment of fine, to further undergo
rigorous imprisonment for a period
of three months.
323/34 IPC To undergo rigorous imprisonment
for a period of six months.
Hamida Khatoon (A2)
Under Sections Sentence
120-B IPC Imprisonment for life and is also
sentenced to pay a fine of Rs.3000/-.
In default of payment of fine, to
further undergo rigorous
imprisonment for a period of four
months.
365 IPC To undergo rigorous imprisonment
Julfan for a period of five years and to pay
a fine of Rs.2500/-. In default of
(A3) payment of fine, to further undergo
rigorous imprisonment for a period
Under Sections of three months.
Sentence
323/34 IPC To undergo rigorous imprisonment
for a period of six months.
CRA-D 22-DB of 2008 5
120-B IPC Imprisonment for life and is also
sentenced to pay a fine of Rs.3000/-.
In default of payment of fine, to
further undergo rigorous
imprisonment for a period of four
months.
302 read with Section Imprisonment for life and is also
120-B IPC (for murder ordered to pay a fine of Rs.5000/-.
of Akram Ansari) In default of payment of fine, to
further undergo rigorous
imprisonment for a period of six
months.
302 read with Section Imprisonment for life and is also
120-B IPC (for murder ordered to pay a fine of Rs.5000/-.
of Afsana Ansari) In default of payment of fine, to
further undergo rigorous
imprisonment for a period of six
months.
201 IPC To undergo rigorous imprisonment
for a period of three years and to pay
a fine of Rs.2000/-. In default of
payment of fine, to further undergo
rigorous imprisonment for a period
of three months.
As per record, two more persons, namely, Tohid Hassan and Yunus were also tried with the appellants for the offences mentioned above. However, vide the judgment under challenge dated 12.12.2007, they were acquitted.
It was allegation against the appellants that on 6.3.2006, they had kidnapped Akram Ansari and his wife Afsana Ansari and murdered them within the area of Badshahi bagh district Saharanpur UP. It was further allegation against A1 and A2 that on 7.3.2006, they had kidnapped PW21 Alka (daughter of the deceased) and caused injuries to her.
Process of law was set in motion on a statement made by Alka (PW21), aged about 14/15 years, daughter of the deceased, on the basis of which, DDR No.20 was recorded in police station Buria district Yamuna Nagar at 7.00 p.m. on 11.3.2006. On the following day (12.3.2006), an FIR CRA-D 22-DB of 2008 6 bearing No.36 (Ex.P4) was recorded against A1 and A2 in the above police station. Statement of Alka (PW21) was recorded by ASI Jai Narain (PW22).
The trial Judge has noted the following facts regarding case of the prosecution:-
"That on 11.3.2006 PW 21 Alka, complainant, had got recorded a DDR Ex.P3 bearing no.20 with the police of Police Station Buria to the effect that on 5.3.2006 at about 11.30 AM accused Riyan alias Irfan alongwith his wife Hamida (accused) came to their house. Irfan talked with her father about his profession and asked that he will make his business flourishing and thereafter they went away. On 6.3.2006 Irfan alongwith his wife Hamida Khatoon again came to their house at 2.30 PM. Irfan took away her father Akram Ansari and mother Afsana Ansari with him at about 3.30 PM on his motor cycle, whereas, Hamida Khatoon stayed with her at their house. At about 11.30 PM Irfan returned alone and told that her parents are seriously ill and are at Khizrabad. On 7.3.2006 at about 6.30 AM Ifran took her and Hamida Khatoon on his motor cycle. She (complainant) also took Rs.2000/- to meet the expenses for treatment. Irfan took her to the hills and forest area. She insisted for meeting with her parents, but, he kept on making false pretexts. Thereafter, Irfan played some witchcraft (Jadu-tona) upon her and also administered her intoxicant. He also gave her beatings. She got herself freed and came on the road and made noise. She was saved by one Abdul Rehman son of Sabir of village Padli CRA-D 22-DB of 2008 7 Garut, P.S. Mirzapur, Saharanpur (UP). Said Abdul Rehman informed Peer Jee of Buria about her and she was brought to Buria on 9.3.2006 by Shahid Ahmed. Since then she was living with Peer Jee. Peer Jee at his own level made efforts to locate her parents and Irfan, but of no avail. After making verification of the facts by PW22 ASI Jai Narain, he made his endorsement Ex.P3/2 on 12.3.2006 on the basis of which FIR Ex.P4 was recorded, initially, under Sections 323, 365, 508 and 34 IPC and investigation was put into action."
Alka (PW21) was medico legally examined by Dr.Rajiv Airon (PW1) on 12.3.2006. Following injuries were found at her body:-
"1. A hearing wound of size 3 cm x 1.5 cm vertical on the right side of occipital region. White scab present on the wound.
2. A contusion of size 3 cm x 2 cm with black discoloration just posterior to right ear.
3. A swelling of size 3 cm x 2 cm on the left frontal region just posterior to hair line on lateral aspect.
4. A swelling of size 1.5 cm x 1.5 cm with softness involving the tip of right middle finger."
Injuries were simple and opined to have been caused with blunt weapon. Probable duration of the injuries was declared more than five days. It is also on record that dead body of Akram Ansari was recovered from Badshahi Bagh Forest area on 9.3.2006. In police station Mirzapur, district Saharanpur UP, DDR No.20 (Ex.P29) was recorded in that regard. Dead body was recovered on an information given by Wazir Ali son of Hassan CRA-D 22-DB of 2008 8 Deen, on locating a dead body of an unknown person. Inquest proceedings on the dead body were conducted by the police officials and it was sent for post-mortem examination, which was conducted by Dr.P.K.Aggarwal (PW25), Consultant Surgeon, District Hospital Bareilly (UP) on 10.3.2006 at 4.30 p.m. Qua the dead body, following opinion was given by the above witness:-
"Tongue was protruding from the mouth. Some mud particles were present on the face and skull. Small maggots were present on the face and skull. Skin was peeled of at places. Abdomen was distended. Rigor mortis has caused off from all the four limbs. Hairs were loose and easily detachable. The nails were slightly loose in the socket.
The following ante mortem injuries were found on the body:-
1. Incised wound 6 cmx 2 cm x brain cavity deep on the skull, 8 cm above the base of neck.
2. Incised wound 9 cm x 1.5 cm x brain cavity deep on the back of skull 2 cm above the injury no.1. The brain matter was coming out.
3. Incised wound 8 cm x 2 cm x brain cavity deep on front of right side of skull, 6 cm above the right eye.
4. Incised wound 7 cm x 1 cm x muscle deep on the left lateral wall of the abdomen, 11 cm above the hip bone.
5. Incised wound 7 cm x 1.5 cm x muscle deep on the upper aspect of the left fore arm, 10 cm below the elbow joint. CRA-D 22-DB of 2008 9
6. Incised wound 6 cm x 1 cm x muscle deep on the left side of face, 1 cm above the ear and 3 cm from lateral angle of eye."
Shock and hemorrhage as a result of ante mortem injuries were declared cause of death, which stated to have been occurred about three days back (if clock is rotated back, the date of death would come to 6.3.2006). A1 and A2 were arrested on 12.3.2006. On interrogation, they made a disclosure statement, which was found to be false. On 15.3.2005, A1 was again interrogated by SI Madan Lal (PW28). He suffered a disclosure statement (Ex.P22), which led to demarcation of the place, where dead body of Afsana Ansari was found. The dead body was identified by Mohd. Inam and Jiya-ul-Haq. A1 also disclosed the place where dead body of Akram Ansari was thrown after committing his murder. Inquest proceedings on the dead body of Afsana Ansari were conducted by the police officials and it was sent for post-mortem examination, which was conducted by Dr.J.P.Sharma, Child Specialist, District Women Hospital, Saharanpur (PW20) on 16.3.2006. This witness gave the following opinion regarding condition of the dead body:-
"On external examination of the body, it was found in advanced stage of decomposition, rigor mortis passed off from all the four limbs, maggots matured and immature present all over the body, cuticle pealed off from many places, nails were loose, hairs were loose and easily taken off. Teeth were also loose and easily taken out. Greenish discoloration of the skin all over the body, abdomen was distended, breast was swollen, blackish discoloration of skin of face. Soft tissues and the skin CRA-D 22-DB of 2008 10 were absent around mouth, upper lip, nose and right cheek. Eyes were absent and large maggots were present there. Following anti-mortem injuries were found on examination:-
1. The skin of soft tissues of both lips, nose and fore head partly, right side of cheek was found absent. Haematoma was present in adjacent tissues of fore head and cheek. Margins were nibbled, under lying bones, upper jaw, maxillary bone, Nasal bone, frontal bone of skull on left side above eye brows and contiguous base of the skull in anterior cranial fossa were found fractured. On dissection both maxillary bones, nasal bones, front bone on left side and base of the skull in anterior cranial fossa were found fractured and liquefied Haematoma along with liquefied brain metal were found in cranial cavity.
Membranes were ruptured anterior."
As per opinion of the witness, cause of death was shock, hemorrhage and coma as a result of ante-mortem injuries. Death stated to have been caused about one week prior to the date of post-mortem examination. In cross-examination, this witness has specifically stated that skin from the dead body can be eaten by the wild animals but the fractures are not possible. It was also contradicted that such fractures were possible due to single fall on hard surface.
As per deposition made by PW28 Inspector Madan Lal, the investigating officer, investigation of the case was handed over to him on 15.3.2006. On interrogation, A1 disclosed that he along with his co-accused had committed murder of Akram Ansari and Afsana Ansari in the area of Badshahi forest. He got the motorcycle recovered, which was used for CRA-D 22-DB of 2008 11 commission of the offence on 16.3.2006, from the village Gaggal Heri, which was taken in possession against recovery memo (Ex.P55). Disclosure statement (Ex.P22), also led to the recovery of dead body of Afsana Ansari. A1 also got identified place where dead body of Akram Ansari was thrown after committing his murder. On further interrogation on 17.3.2006 A1 also got recovered original sale deed of the property owned by the deceased (Ex.P24), stamp papers (Ex.P25), ration card form (Ex.P26) and also cloths, which the accused were wearing at the time of occurrence.
On 20.3.2006, A1 and Yunis again were interrogated. A1 disclosed that he had kept concealed Shawl of Afsana Ansari and other cloths worn by her at the time of occurrence, which, he got recovered from village Budha Khera. The shawl was identified by Alka (PW21) as that of the deceased Afsana Ansari. A3 was arrested on 23.3.2006. On interrogation, he suffered a disclosure statement and got recovered a pair of silver earrings of the deceased Afsana Ansari from an almirah from his house in Budha Khera on 23.3.2006. Earrings were identified by PW21 Alka as that of the deceased Afsana Ansari. On 23.3.2006, A3 also got recovered a one blood stained stone from the place of occurrence, which was used to cause injuries to the deceased. The investigating officer also got prepared site plan of the place of occurrence from where the dead bodies were recovered.
On completion of investigation, final report was put in Court. Appellants and other accused were charge sheeted to which they pleaded not guilty and claimed trial. The prosecution produced 28 witnesses and also brought on record documentary evidence to prove its case. On conclusion of prosecution's evidence, statements of the respondents were CRA-D 22-DB of 2008 12 recorded under Section 313 Cr.P.C. Incriminating material existing on record was put to them, which they denied, claimed innocence and false implication.
A1 has stated that he was implicated falsely in this case after calling him from his house at the instance of Peer Ji, who was inimical to him. It was further stated that the Investigating officer had involved him in this case to get appreciation by showing cracking of a blind murder case. A2 also took up a similar stand of innocence and false implication. A3 also pleaded innocence and false implication. It was further stated by him that he had long standing enmity with the family of A1 due to that he was named as an accused by A1. They also led evidence in defence. Tohid accused produced one Dharam Pal as DW1, to state that he was falsely involved in this case on account of party faction in the village and enmity with A1. With regard to A3, it was also so stated.
The trial Judge, on appraisal of evidence, found A1 to A3 guilty of the offences with which they were charged. Yunis and Tohid Hassan were acquitted by giving them benefit of doubt. Hence, these appeals.
Counsel for the appellants have vehemently contended that the prosecution has failed to explain delay in getting the FIR recorded. Deceased were shown to have gone with A1 on 6.3.2006. Allegedly, PW21 Alka was abducted on 7.3.2006, whereas DDR was got recorded only on 11.3.2006, followed by an FIR on 12.3.2006. As per case of the prosecution, PW Abdul Rehman met Alka (PW21) on 7.3.2006. Alka disclosed disappearance of her parents and role of A1 and A2 in that regard to him on 8.3.2006. Even thereafter, three days were taken to report the matter to the police. It is further stated that the bodies were beyond CRA-D 22-DB of 2008 13 recognition and further that A1 and A2 were involved in this case only on suspicion and without any justification. It was argued that it is a case of no evidence against A2. There is nothing on record to prove alleged conspiracy between A1 and A2 and A3. It was further argued that A2 has rather saved PW21. As per facts on record, her participation/ consent in the crime was not proved on record. It was further stated that there was no motive on the part of the appellants to kill the deceased. By stating that PW15 Abdul Rehman was an introduced witness, prayer was made to discard his testimony. The process of investigation in recording alleged disclosure statements again and again and also recovery of incriminating material/ articles from the appellants-accused, were assailed by indicating discrepancies here and there in the statements of the investigating officer and other witnesses of the prosecution. It was further stated that A3 was convicted simply on the basis of disclosure statement made by A1. Alleged recovery of earrings and a stone from him was fabricated and he was named by A1 only account of enmity existing between the parties. It was prayed that appeals be allowed, conviction and sentence be set aside and the appellants be acquitted of the charges framed against them.
Prayer made has vehemently been opposed by Mr.Poonia, who by making reference to the statements made by PW21 Alka, PW15 Abdul Rehman, PW16 Shabir Ahmed and Suresh Kumar (PW17), argued that A1 and A2 were last seen with the deceased and with Alka on 6th and 7th March 2006 respectively. He further argued that the dead bodies were identified by Mohd. Inam (PW18) - brother of the deceased. The investigation was done in a very proper manner. On interrogation, disclosure statements were suffered by A1 and A3, which led to the recovery CRA-D 22-DB of 2008 14 of a motorcycle, property documents of the deceased, Shawl and earrings belonging to the deceased and a stone with which injuries were caused. A1 and A3 also disclosed the place of occurrence and the place where dead bodies were thrown after committing murder of Akram and Afsana Ansari. He argued that case of the prosecution is proved by medical evidence on record. As per opinion of both the doctors, murder of Akram and Afsana Ansari appears to have been committed on 6/7th March 2006. He further argued that minor discrepancies here and there in the statements of the prosecution witnesses do not go to the root of the prosecution case. He prayed that appeals having no substance be dismissed.
As per medical evidence on record, death of Akram and Afsana Ansari had occurred on account of injuries suffered by them. Above fact is proved by Dr.J.P.Sharma (PW20) and Dr.P.K.Aggarwal (PW25). Dead bodies were found from the forest area of Badshahi bagh in district Saharanpur ( U.P.) on 9th and 15th March 2006 respectively. Dead body of Akram Ansari was identified by his brother Mohd. Inam (PW18) on 15.3.2006 from his cloths and the photograph of the deceased. This witness has also identified dead body of his sister-in-law Afsana Ansari. The above dead body was also got recovered by A1 after making a disclosure statement.
In this case, there exists sufficient evidence on record to say that the murders were committed by A1 to A3. There is further evidence to say that A2 was a part of the conspiracy to kill Akram and Afsana Ansari. FIR was recorded on a statement made by Alka (PW21) daughter of the deceased. She was kidnapped by A1 and A2 on 7.3.2006. She was last seen with the above accused by Suresh Kumar (PW17). PW17 is an independent CRA-D 22-DB of 2008 15 witness, who had stated that he had seen A1 and A2, taking away Alka (PW21) on 7th March 2006 at 6.30 a.m. Despite cross-examination, defence has failed to shatter testimony of this witness.
PW21 Alka aged about 14/15 years, daughter of the deceased, has specifically stated that on 5.3.2006, A1 and A2 came to their house, A1 told his father that he knows black magic and he will perform for him to make him rich and to flourish in business. Both A1 and A2 went away after alluring his father and both came back again on 6.3.2006. After some talk at 3.30 p.m., A1 took away both the deceased with him and A2 remained with Alka (PW21). On 6.3.2006, at about 11.30 p.m. PW21 inquired about her parents, she was told that they were ill. On 7.3.2006, in the morning, A1 and A2 took her to the forest area, she was terrorized / hypnotized and also administered some intoxicant. She was also beaten up. On coming to know about intention of A1 and A2, she escaped and met Abdul Rehman (PW15) on a road passing through the forest area, who took her to his house. She narrated the entire story to him on 8.3.2006.
PW16 Shabir Ahmed is also an independent witness (a vegetable hawker), who had last seen both the deceased going on a motorcycle with A1 between 3.30 p.m. and 6.30 p.m. on 7.3.2006. There is nothing on record to prove that the witness was inimical to the appellants- accused. This witness has also stood test of the cross-examination.
PW15 has also deposed that he met PW21 on road passing through a forest area. She was being followed/chased by A1 and A2.
Above facts clearly establish that from the very start of the episode till its end, A2 remained associated with A1. Evidence of conspiracy may not be established as a matter of fact but it can be gathered CRA-D 22-DB of 2008 16 from the circumstances of a case. The behaviour and act of A2, as per evidence on record, satisfies this Court to say that she was a conspirator. Further she had kidnapped PW21 on 7.3.2006.
The process of investigation was initially done by ASI Jai Narain (PW22) and thereafter, by Inspector Madan Lal (PW28). The investigation appears to be fair and reasonable. At every step, as and when disclosure statements were made by the accused, it were got recorded. The offending articles were also recovered against recovery memos which are on record. The process of investigation was further strengthened by the statements made by SI Parbat Kumar Verma police station Qutubsher, district Saharanpur (PW27), who has disclosed regarding recovery of dead body of Akram Ansari. His deposition was also supported by SI Anil Kumar Singh (PW26). PW24 Head Constable Jaspal Singh is witness to the disclosure statement and the recoveries effected in response thereto. Place of occurrence was identified by A1 in his disclosure statement. Process of making disclosure statements and recoveries effected was also supported by Head Constable Shamsher Singh (PW23). ASI Jai Narain (PW22) has started process of investigation initially and then it was done by PW28 Inspector Madan Lal. The process adopted during investigation inspires confidence and is believable.
So far as delay in recording the FIR is concerned, in the facts and circumstances of this case, the delay was natural. PW21 was a small child of 14/15 years of age at the time of occurrence. She had seen worst type of atmosphere and cruel behaviour of A1 and A2, she was under threat of being killed. When running away from the place of occurrence, she incidentally met Abdul Rehman (PW15), who is an independent witness. CRA-D 22-DB of 2008 17 She was under shock. She failed to disclose anything to PW15 on 7.3.2006. On 8.3.2006, she narrated entire story to PW15, who on telephone asked somebody in Buria to verify the facts. One person came from Buria on 10.3.2006 and PW21 accompanied him. On 11.3.2006, DDR was recorded on a statement made by her. Other relatives of the deceased came to know about the incident on 14/15th March 2006. Under the circumstances, delay in getting the FIR recorded on 12.3.2006 is not such which will vitiate case of the prosecution.
A reading of deposition made by PW15, inspires confidence. minor discrepancies here and there regarding date when he came to Buria, does not appear to be significant and it will not destroy case of the prosecution.
So far as A3 is concerned, there is clinching evidence on record to convict him in this case. On his disclosure statement, a pair of earrings of the deceased Afsana Ansari were recovered, which were identified by PW21 daughter of the deceased. She has specifically stated that those were the earrings of her mother. Merely because she had not stated in her first statement that her mother had gone out wearing earrings is no ground to discard above recovery. Process of recovery was proved on record by the investigating officer and other official witnesses whose name found mentioned in the earlier part of this order. A3 has also identified place where murder was committed and bodies of the deceased were thrown. A stone smeared with blood was also recovered at his instance. It was sent for chemical examination and blood was found to be human blood. Looking at the medical evidence on record, injuries appear to have been caused with the help of stone in question and another stone allegedly recovered from CRA-D 22-DB of 2008 18 other accused, who was acquitted. All the recoveries effected inspire confidence and are believable. The trial Court has rightly held that there was no doubt regarding identification of the dead bodies.
So far as motive is concerned, it is proved on record that A1 to A3 made an attempt to usurped property owned by the deceased. On a disclosure statement made by A1, sale deed of the property owned by the deceased, their ration card and blank stamp papers signed by both the deceased were recovered. An attempt was also made to finish the entire family. It appears that after getting signatures of the deceased on the blank stamp papers, they were killed. Thereafter, an attempt was made to kill their daughter Alka (PW21) also.
In view of facts mentioned above, no case is made out to interfere at the instance of the appellants. Consequently, all the three appeals are dismissed.
A copy of this order be placed on the files of connected cases.
(Jasbir Singh)
Judge
23.01.2012 (Sabina)
gk Judge