STATE OF HARYANA Vs. MANOJ KUMAR:MANOJ KUMAR

JUDGEMENT

(1.) Special leave granted in S.L.P. (Cr1.) No. 293 of 1993.

(2.) This appeal is on behalf of the State of Haryana for setting aside the judgment of the High Court, acquitting the accused-respondent Manoj Kumar, who had been convicted under Section 302 of the Penal Code and sentenced to undergo rigorous imprisonment for life, by the Sessions Judge, Rohtak.

(3.) The case of the prosecution is that on June 22, 1988. at about 7.00 p.m. Rohan (PW-14) and Chetan (deceased), the two sons of the informant, Col. Ajit Singh Saharan (PW-13), started for Rohtak, from the residence of the informant at New Delhi, on a motorcycle bearing No. HYU-5550, to meet their mother Shakuntala Saharan who was residing then at Ashiyana Green Road, Rohtak. They stopped at Bahadurgarh on the way at about 7.45 p.m. at a shop for refreshment. A Maruti Car bearing No. HYU-9808 was parked and the two sons of the informant parked their motorcycle in front of the said car. In the meantime, the accused Manoj Kumar came and sat in his car aforesaid. But due to cycles and motorcycle aforesaid parked there, he could not take out his Maruti car and he started blowing the horn of his car continuously. He also started abusing loudly as to why those cycles and motorcycle had been parked there. As soon as Chetan heard abuses, he came to remove the motorcycle and asked the accused not to hurl abuses. There was exchange of hot words. Rohan also reached near the car, after parking the motorcycle, but exchange of hot words continued. The accused threatened both of them saying, "Come out of Bahadurgarh. I will see you." Rohan retorted, "What you will see us outside See us here". The accused repeated, "Come outside. I will kill both of you." Thereafter the accused went away, but Rohan and Chetan remained there in front of the said shop out of fear. On enquiry, Rohan and Chetan learnt that the name of accused was Manoj Kumar and he was the son of Surat Singh, who was a property dealer in Bahadurgarh. Rohan also noted down the number of the said car. After some time, they started on their motorcycle for Rohtak. On the way they saw the accused going from Bahadurgarh side to Rohtak. The car of the accused was going at a slow speed. Rohan who was driving the motorcycle overtook the car. As soon as the accused saw that Rohan and Chetan had gone ahead of him overtaking his car, he raised the speed of his car and started following the motorcycle. Rohan also increased the speed of his motor-cycle out of the fear. But they had to slow down the speed of their motorcycle when they reached near village Sankhol, because of the rush on the road. It is alleged that in the meantime accused Manoj Kumar overtook their motorcycle and again slowed down the speed of his car and gave them a signal to proceed ahead. It is further the case of the prosecution that as soon as Rohan tried to overtake the said car, accused swerved his car towards the right side, whereupon Rohan applied the brakes. Rohan stopped the motorcycle, thereupon accused Manoj Kumar who had gone ahead of them brought back the car in reverse gear towards Rohan and Chetan at a fast speed. Accused tried to bring Chetan under his car, but Chetan retreated. However, his left foot came under the wheel of the said car. Seeing this, some persons came near them. Chetan told them that the accused had run over his foot with his car and he was having great pain. After some time the accused again came back to the spot with his car. Persons who were present there, shouted that the said car was coming again. On this, Chetan climbed on the road divider and threw a stone on the said car. As Chetan had climbed on the road divider, the car went towards Bahadurgarh at a fast speed. Both the brothers again started towards Rohtak on their motorcycle. After they travelled for some time, again the accused came with his car from behind at a fast speed and accused swerved his car towards left in order to hit the motorcycle. Rohan took the motorcycle on the 'kachha' portion of the road on the left side and stopped it. When the car of the accused proceeded towards Rohtak, they again started from there on their motorcycle. When they had covered some distance, it is alleged that Rohan again saw the car of the accused coming from the opposite direction i.e. from Rohtak side. Out of fear they stopped the motorcycle on the side of the road, in front of a tractor-trolley to save themselves. In the meanwhile, Chetan came down from the motorcycle and wanted to go behind the tractor-trolley to take shelter. The accused hit Chetan who was on the road by the right side of his car with force. Thereafter the car proceeded in great speed grazing with the tractor-trolley. Because of the impact, Chetan was thrown from the road inside the trolley. Seeing the serious condition of Chetan, Rohan stopped a matador, driven by one Vinod Kumar of Rohtak and asked him to take him to the hospital because his brother's condition was serious. Chetan was put in the matador and Rohan followed the matador on his motorcycle. Chetan reached hospital at 9.30 p.m. and after half an hour he was declared dead. Col. Ajit Singh Saharan the father of the victim was informed, who proceeded from Delhi to Rohtak. The first information report was lodged at about 11.15 a.m. on June 23, 1988, by the father of the victim. It is said that Rohan, because of the shock, virtually remained unconscious throughout the night and at 9.00 a.m. he started narrating the details of the occurrence, to his father, the informant. In the first information report all the aforesaid facts relating to the occurrence were mentioned by the informant, on the basis of the information given to him by Rohan. On the date of occurrence the two brothers, Rohan and Chetan, were aged about 19 and 17 years respectively.