JUDGMENT :

Gurvinder Singh Gill, J.

Appellant - Krishan assails judgment dated 19.4.2005 and order of sentence dated 21.4.2005 passed by learned Additional Sessions Judge, Sonepat whereby learned Trial Court while holding him guilty of having committed offence punishable under Section 302 of Indian Penal Code, sentenced him as under:

2. The matter arises out of FIR No.144 dated 23.8.2001 registered at Police Station Murthal, under Section 302 of Indian Penal Code (Ex.PL), at the instance of Bijender Singh (PW-14) pertaining to death of Smt. Bala wife of Sat Narain, whose dead-body was noticed hanging from a tree on the morning of 19.8.2001 by one Narinder. The aforesaid Narinder reported the matter to the police on 19.8.2001 at 10:00 A.M. His statement (Ex.PA) as recorded by the police reads as under:

'I am a resident of Village Bakhtawarpur and work as a labourer. Today at about 05:40 A.M. when I came out from my house to answer the call of nature, then I saw a women hanging from a tree with a rope around her neck. I informed Smt. Sahab Kaur, Sarpanch and was now proceeding to the police station to furnish information, when he met me at Murthal Chowk, G.T., Road.

Sd/-

Narender Kumar'

3. After the aforesaid information was taken down in writing by ASI Jagat Singh (PW-1), he alongwith accompanying police officials rushed to the spot, where a dead-body of a lady was seen hanging from a rope from a 'kikkar' tree. The dead-body was brought down. Inquest proceedings were conducted. The place of occurrence as well as the dead-body were got photographed. A pair of slippers found at the spot were taken into possession. The dead body was sent for post-mortem examination to the hospital. A rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded in terms of provisions of Section 161 Cr.P.C.

4. Subsequently, i.e. on 23.8.2001 Bijender (PW-14), brother of deceased submitted a written complaint (Ex.PR) on the basis of which formal FIR (Ex.PL) came to be lodged. The translated gist of the FIR is reproduced herein-under:

'To S.H.O. P.S. Murthal, Distt. Sonepat. The applicant submits as under: (1) That I Bijender s/o Chander Singh, Jat am resident of village Dobh Tehsil and Distt. Rohtak and doing agricultural work. We are seven brothers and sisters. One of my sister Bala was married with Sat Narain s/o Jage Ram of village Samchana, who died before three years. (2) My sister Bala for the livelihood of her two sons and old father-in-law used to work in the fields with Krishan s/o Chhaju Ram r/o Samcahna. During this period, my sister Bala developed illicit relation with Krishan. A word was going around in the village that Krishan s/o Chhaju Ram r/o Samchana had abducted my sister Bala. We searched for our sister in the relation of Krishan then, on 17.7.2001 my uncle (Mosa) Jage Ram and I got a report lodged at P.S. Sampla. Thereafter, Krishan s/o Chhaju Ram r/o Samchana alongwith my sister appeared in police station on 31.7.2001 and police called my mosa (uncle). In his presence my sister Bala was handed over to my uncle Dalpat s/o Surat Singh and Jitender s/o Pyare Lal r/o Dobh, Tehsil and Distt. Rohtak, on the same day. Both of them took her to village and Bala started to reside with me. (3) That on 17.8.2001 when I came from the fields to house then I saw that Krishan s/o Chhaju Ram r/o Dobh, Teh. and Distt. Rohtak was talking to my sister Bala. I immediately told him to get out of my house. We slept after having dinner and when in morning we woke up, my sister Bala was missing from the house. I suspected that Krishan s/o Chhaju Ram of vill. Samchana had again abducted her. Thereafter, I enquired about Bala by visiting the house of sister of Krishan in village Palam (Delhi) who disclosed that my sister and Krishan had come and had gone to village Bakhtawarpur, Distt. Sonepat, where two of my sisters are married to Anand s/o