SHIV LOCHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Shiv Lochan has filed this appeal against the judgment dated 15.5.2000 and order dated 17.5.2000, passed by Sessions Judge, Gurgaon, in Sessions Case No. 20 of 1998, arising out of FIR No. 188 dated 14.7.1998 under Section 302 IPC, Police Station Bilaspur, whereby the accused has been convicted and sentenced to undergo imprisonment for life, for committing the murder of Raju.

(2.) In brief, the prosecution version is that deceased Raju was working as driver of the dumper in Bharat Stone Crusher, Norangpur, owned by Virender Singh (PW.7). Complainant Chander Pal (PW.6), uncle of deceased Raju and accused Shiv Lochan were also employed with the aforesaid stone crusher. All these persons were residing in the quarters of the said stone crusher. In the present case, the FIR (Ex.PJ) was lodged on 14.7.1998 at 10.05 AM on the basis of statement of Chander Pal (PW.6) made before SHO Jeet Ram (PW.9) at 9.30 AM. In his statement (Ex.PF), Chander Pal stated that on the intervening night of 13/14.7.1998, at about 2 A.M., when he went from his quarter to take water from the Tanki, he saw that his nephew Raju was sleeping on the cot in front of his quarter, and accused Shiv Lochan was causing injuries to Raju with axe (Kulhari). When Chander Pal raised alarm, Munna, a co-labourer, who was residing in the adjoining quarter, came to the spot and he also witnessed the incident. Complainant Chander Pal further stated that at that time, accused Shiv Lochan was saying that he had taught a lesson to Raju for teasing his wife. He further stated that after causing injuries to Raju, accused ran away from the spot after throwing his Kulhari there. Raju received two injuries on his neck, as a result of which he died on the spot. This entire occurrence was witnessed by him and Munna. Thereafter, many neighbours came there. They tried to search accused Shiv Lochan and his wife, but they did not meet. He further stated that after the incident, he went to Delhi to inform the owner of the stone crusher in the morning and thereafter, he went to the police station to inform that Shiv Lochan had committed the murder of Raju with Kulhari on account of teasing his wife Ram Piari.

(3.) After registration of the case, the police took into possession the blood stained earth, cot and the Kulhari (Ex.P5) vide recovery memo Ex.PG. On 14.7.1998, post mortem of the deceased was conducted by Doctor Pardeep Bindal (PW.2). Copy of the post mortem report is Ex.PB. At the time of autopsy, Dr. Pardeep Bindal noticed two injuries on the body of the deceased, one elliptical wound measuring 10 cms x 6 cms on the front of his neck, 7 cms below the chin, and the second was 7 cms x 4 cms cut wound on the right lateral side of neck, 3 cms below the right angle of mandible. According to Dr. Pardeep Bindal, both the injuries were ante mortem in nature and sufficient to cause death in the ordinary course of nature. The cause of death was described to be because of haemorrhage and shock caused by those injuries. The time between injuries and the death was stated to be within few minutes and the time between death and post mortem was within 24 hours. The weapon of offence, namely Kulhari (Ex.P5) was shown to the said PW in the court. Thereupon, he had stated that the possibility of causing the aforesaid injuries by this weapon cannot be ruled out. The accused was arrested on 30.7.1998.