RAM NARESH RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Naresh Rai son of Ram Asra Rai was sent up for trial by the SHO of Police Station Ding, on the allegation that on 11.2.2005 in the area of Village Moriwala, he had committed the murder of his elder brother Ram Parvesh Rai @ Ramu. Vide judgment of conviction dated 8.1.2007 and order of sentence dated 11.1.2007 arising out of FIR No. 15 dated 12.2.2005 under Section 302 IPC, PS Ding, he was convicted under Section 302 IPC and sentenced to undergo RI for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to further undergo RI for two and half years.

(2.) Prosecution story, in brief, is that Jai Chand, resident of Village Moriwala, reported to the police party headed by ASI Pritam Kumar, Incharge Police Post Ding Moar, while present at Ding Moar in connection with patrol duty, that he and his brother Jassa Ram along with their families were residing in their farm house constructed in the fields. Cattle shed was constructed on the southern side of his farm house. Ram Parvesh Rai @ Ramu was employed about three years back for feeding the cattle and for doing agriculture work. Ram Naresh Rai @ Raju, brother of Ram Parvesh Rai @ Ramu, was employed by Harjeet Singh, resident of Village Suchan. Ram Naresh Rai used to visit his farm house to see his elder brother Ram Parvesh Rai. There was dispute amongst both the brothers regarding partition of their family land. On 11.2.2005 at about 8.00/9.00 PM, Ram Naresh Rai came to his farm house to see his brother Ram Parvesh Rai. Both the brothers were talking with each other while sitting on a cot in the verandah, where fodder cutting machine was installed. He had slept in his room. Electric light was on out side the room and the cattle shed. At about 12.00 O' Clock during night time, he heard cries and woke up. He came out and had seen Ram Naresh Rai @ Raju while causing injuries on the head of Ram Parvesh Rai @ Ramu with a spade, when lying on the ground near the cot. He gave a call to Raju. Then Ram Naresh Rai @ Raju had fled away from the spot towards the fields by leaving the spade on the spot. On hearing his voice, his brothers Lassa Ram, Om Parkash and Hans Raj also woke up and came to the spot. Ram Parvesh Rai @ Ramu was seen while lying in a pool of blood. He had succumbed to his injuries on the spot. Om Parkash and Hans Raj had gone to Village Moriwala to summon the Sarpanch and other respectables. Satbir Singh, Sarpanch and Hira Lal, Panch, along with other respectables came to the spot. After leaving Om Parkash and Hans Raj to guard the dead body, Jai Chand, complainant, along with Jassa Ram, Satbir Singh, Sarpanch, and Hira Lal, Panch, after arranging a vehicle had gone to lodge a report, but near Ding Moar, statement of Jai Chand (Ex.PA) was recorded. After making endorsement at 6.30 AM, statement was sent to the Police Station, on the basis of which, formal FIR (Ex.PA/2) was recorded at 8.30 AM. Special report was delivered to the Ilaqa Magistrate at 11.30 AM.

(3.) ASI Pritam Kumar along with police party had gone to the spot. SHO, PS Ding, was requested to send crime team to the spot. After arranging a Photographer, photographs of scene of crime were got clicked.