HANSA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Criminal Appeal Nos. 173-DB of 2006 filed by Hansa son of Nathu; 251-DB of 2006 filed by Sanjay son of Raghbir, against the judgment and order dated 14/17.1.2006 and Criminal Appeal No. 130-DB of 2007 filed by Harjit @ Bittu son of Partap Singh against the judgment and order dated 8/9.12.2006, passed by the learned Additional Sessions Judge, Bhiwani, convicting the appellants for the offence under Section 302 read with Section 34 IPC for the causing death of Manphool Singh on 24.8.2001 at about 9.15 p.m, and sentencing them to undergo life imprisonment and to pay a fine of Rs. 5000/- and in default of payment of fine to further undergo RI for six months. All these appeals arise out of the same FIR No. 159 dated 24.8.2001 and, therefore, are being taken up for hearing together.

(2.) The prosecution case was set in motion on the basis of the statement of Prem Kumar son of Manphool Singh aged 27/28 years. He stated that he runs a private school at village whereas his father was employed as a warden at District Jail, Bhiwani. Raj Kumar Gupta, was posted as Jail Superintendent at District Jail, Bhiwani and relations between his father and Raj Kumar Gupta, were not on good as Raj Kumar Gupta, used to prepare fabricated documents to release certain rascals and scoundrels from jail. Raj Kumar Gutpa got his father transferred from District Jail, Bhiwani to District Jail, Jind, so that his father might not disclose about his activities. On 23.8.2001, his father went to Bhiwani in connection with some personal work and came back to house at 6 p.m. He told him that Raj Kumar Gupta has surrendered himself in a deception case. At about 9.15 p.m., when his father was sleeping on a cot in the courtyard of their house and the light was on in the house and when he was watching T.V. inside the house, then an Indica car of golden colour stopped in front of their house out of which four young persons stepped out. All of them were wearing pants and bushirt, whereas one of them had shut the bushirt inside. One of them was having a fat body and the remaining were having normal body; height of 5' 8' and age between 22 and 25 years. After reaching the house of the complainant, one of them knocked at the door. He opened the door. Two boys, out of whom, name of one was Gaurav son of Ramphal, whom he knew from earlier, asked him that they had to talk in respect of some essential work with his father. Both of them went inside near the cot of his father and two boys kept standing outside near the car. Gaurav awakened his father. When his father had just opened his eyes, Gaurav took out a pistol from the right pocket of the pant he was wearing and fired a shot close on his chest in the right side of his father, Manphool, who was lying on the cot. Just firing the shot, all the four persons sat in the Indica car and ran way from their house towards the bus stand. The occurrence is seen by Raj Kumar son of Kamla Ram and Tek Chand son of Bini Dutt. It is further stated that three of them can identify the accused on coming before them. He arranged a vehicle for bringing his father to Bhiwani Government Hospital for treatment, but his father breathed his last just before reaching the hospital and the Doctor declared him dead. He expressed his apprehension that Raj Kumar Gupta, Superintendent District Jail, Bhiwani had got murdered his father after conspiring with the above noted four rascals. Such statement was recorded by ASI Om Parkash of Police Station Tosham after a telephone message was received from the police post of Government Hospital, Bhiwani. It was at General Hospital, Bhiwani, the police party met Prem Kumar, where the statement was recorded at 3.30 a.m. on 24.8.2001. On the basis of the ruqa, FIR Exhibit PJ was lodged at about 4.30 a.m. Special report was delivered to the Illaqa Magistrate at 7.30 a.m.

(3.) Firstly, we will discuss the evidence led in the criminal case leading to judgment and order dated 14/17.1.2006. PW1-Dr. M.K. Garg has sent ruqa Exhibit PA to the Incharge, Police Post, Government Hospital, Bhiwani, after the dead body of Manphool Singh was brought in the casualty department at 10.30 p.m. PW-4 Dr. Basant Lal has conducted the post mortem examination on the dead body of Manphool on 24.8.2001. In his opinion, the death was due to shock and haemorrhage as a result of 'rifled fire-arm ammunition to the chest via injury Nos. 1 and 2', which were ante-mortem and recent in duration. PW11-SI Om Parkash has prepared the inquest report Exhibit PF/3. It is he, who moved an application Exhibit PF/2 for conducting the post mortem examination on the dead body of Manphool Singh. He has taken into possession vide memo Exhibit PO amongst others one bullet empty .315 bore which was sealed and seal was handed over to PW19-Ram Kumar. Raj Kumar Gupta, as named in the FIR, was arrested by SI Om Parkash on 25.8.2001. It was on 7.10.2001, the said witness arrested accused Ajit Singh, accused Devi Lal on 10.10.2001 and accused Balraj on 11.10.2001. PW8-Sub Inspector Balwan Singh was handed over the investigation of the present case on 9.11.2001 and prepared report under Section 173 Cr.P.C. against the accused Ram Kumar, Ajit, Devi and Balraj. It was on 25.11.2001, PW12-Baljit Singh arrested accused Prem Singh from Hisar Chowk, where he made a disclosure statement Exhibit PS pointing out the place of occurrence. Later on, on 28.11.2001, Prem Singh, accused made another disclosure statement Exhibit PK.