MAHAVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of aforesaid criminal appeals, arising out of judgment and order dated 4.9.2001/7.9.2001 convicting the accused- appellants for the offences punishable under Sections 302 and 120-B IPC and sentenced for imprisonment for life and to pay a fine of Rs.5000/- each Crl. Appeal No.499-DB of 2001 2 for the offences punishable under Sections 302 and 120-B IPC. In default of payment of fine, to further undergo rigorous imprisonment for a period of one year. They were also convicted for the offence punishable under Section 201 IPC and were sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1000/- each. In default of payment of fine, to further undergo rigorous imprisonment for a period of six months.

(2.) The appellants alongwith one Sudesh Rani faced trial for an offence punishable under Sections 302, 120-B and 201 IPC on the allegations that on 21.6.1995 in the area of Village Kavi, they committed criminal conspiracy by mutually agreeing to commit murder of Suraj Mal. In pursuance of such criminal conspiracy, the appellants did commit murder by intentionally causing the death of Suraj Mal and thereafter, voluntarily caused disappearance of evidence i.e. threw the dead body of Suraj Mal in the canal and also burnt their blood stained clothes as well as those of Suraj Mal, with a view to screen themselves from legal punishment. Ram Chander, brother of deceased Suraj Mal, on 27.6.1995 in his statement Ex.PJ, has stated that on 21.6.1995 his younger brother Suraj Mal has gone to his fields for irrigation and did not return home. Bharto Devi, his mother has lodged a report of missing of Suraj Mal on 25.6.1995 at Police Station Mathlauda. He further stated that yesterday i.e. 26.6.1995, he and Balbir Singh S/o Hari Kishan R/o Kavi had gone in search of Suraj Mal on motor-cycle. On reaching canal bridge of Kavi, near village Kavi, they saw one chappal, one saw, two pieces of blade, some blood and two pieces of meat lying on the path. The chappal was identified to be of his brother Suraj Mal. They also saw dead body lying on the surface of the river's water, when they reached on Rohtak-Jind, G.T.Road along the path Crl. Appeal No.499-DB of 2001 3 near the bridge of Gattoli. He and Balbir Singh could not identify the dead body. Leaving Balbir Singh near the dead body, he came back to village. Accompanied with uncle Hoshiara S/o Rama, Dhanpat, Sarpanch and Satpal, Advocate, he reached near the dead body around 12.00 noon. Balbir Singh was sitting close to dead body. We saw the dead body carefully and identified the same as that of my brother Suraj Mal. He went to the Police Station, after leaving other people near the dead body. He has disclosed old enmity with Dhoop Singh S/o Shishu and suspected his conspiracy in the murder of his brother Suraj Mal.

(3.) During investigation, it was found that accused Jagbir Singh was having illicit relations with Sudesh Rani and that she asked Jagbir Singh to remove Suraj Mal from the way. Mahavir Singh accused had also a grudge on account of marriage of Sudesh Rani with Suraj Mal, as Sudesh Rani was from his village. On the night intervening 21.6.1995 and 22.6.1995, Jagbir Singh and Mahavir Singh at the instance of Sudesh Rani had killed Suraj Mal with a saw and had thrown his dead body in the canal. The accused-appellants were arrested on 3.7.1995. During interrogation, accused Jagbir made a disclosure statement in the presence of Yash Pal and ASI Dharam Pal, that he had thrown the dead body of Suraj Mal and the small saw in the Western Yamuna Canal and that he concealed his own clothes and that of deceased in burnt condition, in the fields of Mange Ram, Brahman. On his demarcation, the police got recovered burnt soil, piece of half burnt pant, hook of the pant, broken blade of the saw stained with blood and a pair of chappal of the deceased. Accused Mahavir Singh also made a disclosure statement that he had concealed his blood stained clothes duly washed under the culvert of bridge of Village Kavi. In pursuance of the Crl. Appeal No.499-DB of 2001 4 disclosure statement, the accused got recorded a blood stained bushirt 'Checkdar' of light yellow colour and a pant from the disclosed place. On the basis of such broad allegations, the appellants alongwith Sudesh Rani, were made to stand trial for an offence punishable under Sections 302, 201 and 120-B IPC. After going through the evidence on record, the learned trial Court, convicted and sentenced the appellants as stated hereinbefore, whereas acquitted Sudesh Rani from the charges levelled against her. Aggrieved against the judgment of conviction and the order of sentence rendered by the learned trial Court, the accused/appellants are in appeal.