DHARAM PAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Dharam Pal alias Dharam Deo has filed this appeal against his conviction under Section 302 Indian Penal Code and sentence of life imprisonment awarded to him by the judgment of the Sessions Judge, Moradabad, dated 3 1.3.1977.

(2.) The occurrence relates to the murder of Rira Lal Kabar resident of village Maulagarh, P.S. Chandausi, District Moradabad in a most curious and strange fashion. It is said that the deceased Rira Lal had erected a hut on the out-skirts of the village in order to keep a watch on his field. On 9.12.1973 at about 7.00 a.m. Rameshwar, P.W. 2, who belongs to the same village had gone to evacuate himself on the pond lying to the north of the hut. Be heard the groaning of Rira Lal and went to his hut. There he found Hira Lal tied with the pole of the hut. On making inquiries from Hira Lal, Hira Lal pointed out towards the accused who was sitting near him as the person who had tied him. When Rameshwar wanted to untie the strings, the accused rushed towards him with spear and accordingly Rameshwar came back to the village and alongwith Dhandhari, Asharfi P.W. 3 and Girdhari reached the hut. As they reached the hut, they found the appellant emerging from the hut and running away. He was given a chase and caught at a distance of about 100 paces and brought back to the hut. In the mean time, Hira Lal succumbed to the extensive burn injuries sustained by him. Leaving the accused in the custody of the villagers, Rameshwar dictated his report to Ram Chandra P.W. 4 and the report was taken to the Police Station Chandausi where it was lodged at 8.45 a.m. On the basis of the written-report a formal F.I.R. was drawn up by the clerk constable Ram Ratan Singh P.W. 1 who registered a case in the General Diary copy of which Ex. ka. 2. The investigation of the case was conducted by Sub-Inspector Qazal Bash who is now dead and whose writings have been proved by Deengar Singh P.W.6-who is acquainted with the handwritings of the deceased Investigating Officer Sri Qazal Bash. The Investigating Officer visited the spot, took the accused in custody and held an inquest on the dead-body of Hira Lal in the presence of Mohan P.W. 5 son of the deceased and other Panches. After sealing the corpse and preparing the usual formal letters it was sent for post-mortem examination through constable Deengar Singh. The spear and samples of ashes with pieces of Dhoti and strings with which the deceased was tied. were collected and sealed and memos prepared. The Investigating Officer inspected the locality and prepared a site-plan which is Ex. Ka. 11. The Investigating Officer also interrogated the witnesses. Dr. J.P. Chaturvedi, P.W. 7, Medical Officer, District Hospital, Moradabad conducted an autopsy on the dead body of Hira Lal on 10.12.73 at about 3 p.m. The deceased. was found to have extensive first and second degree burns extending from the top of the head to the tip of the toes involving the front and back of the body, head, neck and thorax, abdomen, penis, scrotum, thighs, legs, arms, hands and feet. The internal organs were found congested, the stomach was empty. In the opinion of the doctor the death was due to shock and burns-vide the post-mortem report Ex. Ka. 13. After completing the investigation a charge- sheet -was submitted against the accused.

(3.) The accused pleaded not guilty and in his statement in answer to a question whether he committed the murder, said that he was Dot in senses. Similarly he has feigned ignorance whether on an attempt of Rameshwar to release Hira Lal, he ran towards him with a spear. He again said that he did not know whether he ran from the hut on the arrival of the witnesses. Then he said that he did not know whether he was arrested after giving a beating. He also feigned ignorance whether the witnesses found Hint Lal tied, burnt and dead on the spot. In essence, therefore, the plea of the accused is one of insanity.