IMPORTANT POINT
Murder – Time of death – Estimation regarding time of death on basis of medical science cannot be said to be accurate to every minute and hour and it is only broad estimation which can be made

Gurvinder Singh Gill, J.

Sham Lal has filed the present appeal challenging his conviction under section 302, 452 and 506 of Indian Penal Code, 1860 (for short 'IPC') as recorded vide judgment dated 26.10.2004 passed by the Additional Sessions Judge, Kaithal. The trial Court sentenced the accused to undergo life imprisonment and to pay fine of Rs. 10,000/- for offence under section 302 IPC; to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- for offence under section 452 IPC and to undergo rigorous imprisonment for one year for offence under section 506 IPC.

2. FIR No. 22 (Ex.PD/1) dated 14.1.2002 under Section 302 of IPC was lodged at Police Station Sadar Kaithal on the basis of statement (Ex.PD) of Risala Ram recorded by Inspector Ram Chander (PW-13). Risala Ram stated therein that his daughter Khazani was married to Ram Phal resident of Sisla, District Kaithal about 20 years ago and she was blessed with one daughter and three sons. His son-in-law Ram Phal was residing separately from his brothers for last 7-8 years and his brothers namely Prem Singh, Ram Kumar, Balbir and Birbhan are also residing separately with their children. The complainant alleged that his son-in-law Ram Phal was having illicit relations with wives of his brothers namely Faggo Devi wife of Prem and Kamali wife of Ram Kumar and this fact was disclosed by his daughter to his wife Sunehri, who further disclosed the same to him but they did not share this fact with anybody else and kept it a secret. The complainant stated therein that about 4-5 days ago he sent his son Som Parkash to village Sisla to inquire about well being of his daughter, who told him that Prem, Ram Kumar, Balbir, Bir Bhan, Ram Phal, Faggo Devi and Kamli used to harass Khazani on account of illicit relations of Ram Phal and though Khazni Devi had asked Ram Phal to desist from maintaining illicit relations but Ram Phal paid no heed and quarrelled with his daughter. The complainant further stated that on that day (14.1.2002) he received information at his village Habri that his daughter Khazani had died and upon which he along with his son Som Parkash and other co-villagers went to village Sisla to the house of his son-in-law Ram Phal where they saw Khazani lying dead in the courtyard having injuries with sharp edged weapon on the left side of her mouth, around neck, chest and on the back of head and one knife was also found stabbed in the chest of Khazani. Despite inquiries, he could not elicit any satisfying information from the brothers-in-law of Khazani or from the sisters-in-law of Khazani and thus he suspected that his son-in-law Ram Phal, his daughter's brothers-in-law namely Prem, Ram Kumar, Balbir and Bir Bhan and her sisters-in-law namely Faggo Devi and Kamli had all murdered Khazani last night. The aforesaid statement (Ex.PD), in the shape of 'ruqa', was sent to the police station and on the basis of which the FIR (Ex.PD/1) was recorded.

3. The police reached the place of occurrence and conducted inquest proceedings, prepared a rough site-plan of the place of occurrence, and recorded the statements of witnesses. After preliminary investigation, the dead body of Khazani was sent for post-mortem examination.

4. On 15.1.2002, the police also recorded statement (Ex.DA) of Santosh aged about 16 years daughter of the deceased, wherein she stated that they are four brothers and sisters and that she is the eldest. On 13.1.2002, at about 7:45 PM, her father had returned back home after finishing work and after taking meals he went to sleep in the 'bara' (barn), where her brothers Jaipal and Jai Bhagwan had already gone as usual. She stated that she bolted the door from inside where she and her younger brother went to sleep while her mother was sleeping in the 'verandah' on a cot. She stated therein that they had gone to sleep around 9:30 PM and at about 11:00 PM Sham Lal son of Hawa Singh resident of their village and who is their neighbour came to her r