STATE OF HARYANA Vs. BHAGIRATH

JUDGEMENT

(1.) Every father is the best protector of his own children that is the order of human nature. But there had been freaks in the history of mankind when father became killer of his own child. This case tells the story of such a freak when Subhram-the 33 year old son of Bhagirath was butchered by cutting the throat. As Subhram was congenitally blind perhaps the only solace in the eerie episode seems to be that the victim would not have had any idea of the physiognomy of his murderers. Bhagirath and his two nephews (Hanuman and Kheta) were convicted by the sessions Court under Section 302 read with Section 34 of the Indian Penal Code and the three were sentenced to impisonment for life. But the High Court, on appeal by the three accused, acquitted Bhagirath and confirmed the conviction and sentence of his two nephews. State of Haryana has filed this appeal by special leave against the acquittal of Bhagirath.

(2.) Backdrop of the prosecution story is the following: Bhagirath and his wife Jamna have a son Subhram and a daughter (Naraini). Subhram though was born blind, was healthy and active and remained a bachelor. Naraini was given in marriage to a pedagogue in Rajasthan (PW 8 Ram Sarup) and they were living separately at village Rawana. Bhagirath and his brother Kanharam together had 32 acres of ancestral property. The other two accused (Hanuman and Kheta) are the sons of Kanharam. In a family arrangement the share of Subhram in the aforesaid 32 acres had been settled as 1/6th. Bhagirath and his wife Jamna became estranged with each other long back, and they were living separately. Subhram was residing with his mother Jamna ever-since the separation and Bhagirath was residing in the house along with his nephews Hanuman and Kheta.

(3.) Disputes arose between Subhram on the one side and Bhagirath and his two nephews on the other side regarding enjoyment of the land, perhaps the accused would have thought that Subhram, being blind, might not get married and so on his death the properties would revert back to the family. But at the age of thirty three Subhram became desirous of married life and negotiations were on the move for finding out a suitable match for him. A couple of months prior to his murder Subhram executed a mortgage of his share of the properties to PW 10 Prabhati for a sum of Rupees twenty two thousand. When Prabhati tried to cultivate the mortgaged land it was resisted and that led to initiation of proceedings under Section 107 of the Code of Criminal Procedure against the three accused as well as against Subhram and Prabhati. In the meanwhile, Subhram filed a Civil Suit for partition of his share in the properties by metes and bounds. Thus, the situation became tense and the acrimony reached its zenith.