RAMPHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of filed by Ramphal and filed by Rajender @ Chela and Satyawan against the judgment and order dated 10/12.2.2007 passed by the learned Additional Sessions Judge, Hisar, convicting appellants under Section 302 read with Section 34 IPC 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. Appellant- Satyawan Singh has also been convicted under Section 24 of the Arms Act, 1959 and sentenced to undergo RI for a period of two years and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo RI for one month.

(2.) The prosecution case was set in motion on the basis of statement of Chandu alias Kidu (Exhibit P.1), father of deceased Sukhdev Singh, recorded by SI Ajit Singh, SHO, Police Station Sadar, Hansi on 10.4.2003 at about 8.40 a.m. that he has taken field of Bhalle Ram son of Neki Ram, on 1/4th share. His younger son Sukhdev used to guard the field by living there during the night. Ramphal son of Tara Chand and Rajinder alias Chela, are working in the field of Mani Ram, whereas Satyawan son of Rakhlu Dhanak has taken the field of Sita Ram Pandit on share. On 9.4.2003 at about 7 p.m, he has gone to his house and Ramphal, Satyawan, Rajender and his son Sukhdev Singh remained with Ramphal in the house constructed in the field of Mani Ram. At about 11 p.m., he was going to take care of his field and when he reached near the field of Mani Ram, he heard the noise of quarrel. Under the light of his torch, he saw his son Sukhdev Singh removing his clothes. Ramphal and Rajender have caught hold of Sukhdev Singh and Satyawan was holding a pistol in his hand. When he tried to abstain them, Satyawan said that he would teach him a lesson for quarreling after taking liquor with them. He fired a shot from his pistol at Sukhdev on his neck on the front side, on which his son Sukhdev fell down. Satyawan etc. extended a threat to him that in case he tells about the incident to anyone, he would also kill him. He hid himself in the field and in the morning saw his son Sukhdev Singh dead. He left Prabhu son of Shish Ram and Ram Dayal son of Shishu, near the dead body of Sukhdev and was going to police station for giving information, when he met the police official Ajit Singh. On the basis of the ruqa, the FIR was recorded at 9.05 a.m. The special report in respect of incident in question was received by the concerned Judicial Magistrate, Hansi at 11 a.m.

(3.) The inquest proceedings were conducted vide Exhibit P.24, whereas Exhibit P.22 is the post mortem report on the body of the deceased Sukhdev. The present appellants were arrested on 10.4.2003. On the disclosure statement Exhibit P.18 of the accused Satyawan, the pistol from which he fired upon deceased Sukhdev Singh was recovered from his residential house in village Ghirari. The recovery memo of the 12 bore pistol along with the empty cartridge is Exhibit P.18/1. Exhibit P.16 is the disclosure statement of accused Ram Phal in respect of the clothes of the deceased kept concealed in the field of Mani Ram. Exhibit P.16/1 is the recovery memo of white colour readymade pant and one bushirt having white blue linings, recovered from the verandah of the kotha constructed in the field of Mani Ram and covered with bricks and brick bats. The disclosure statement of Rajender, Exhibit P.17, is that the chappal of Sukhdev was said to be under the bridge of culvert of the canal within the area of Ghirai on the road which leads to Hisar. Exhibit P.17/1 is the recovery memo of the recovery of the said chappal from the bank of the canal underneath the dry kikar tree. Complainant, father of the deceased and Prabhu Ram are the attesting witnesses of the three disclosure statements and of the recovery memos, referred to above.