JAIBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by the convicts-appellants against the judgment and order dated 31.8.2001 and 3.9.2001 respectively passed by the Additional Sessions Judge, Bhiwani, convicting the appellants under Section 302 read with Section 34 IPC and sentencing them to undergo life imprisonment and to pay a fine of Rs.1000/- each for the commission of murder of Kartar Singh.

(2.) The facts, in brief are that on 9.12.1994 at 6.50 AM, Jogender Singh complainant (PW6) made statement Ex.PH before Sub Inspector Chander Bhan (PW 10) at Adampur Bus Stand. It was stated by Jogender Singh (PW6) that he was resident of Village Badal and employed in Army. According to Jogender Singh he alongwith his elder brother Randhir Singh, who was an agriculturist by profession were residing together. Both of them were married. They had one married sister too . On the previous day i.e. on 8.12.1994, at about 10.30/11 PM, he alongwith his father Kartar Singh(deceased) and one Jai Pal son of Phool Chand (PW7) were going to their house from their plot. Deceased Kartar Singh was ahead of Jogender Singh (PW6) and Jaipal (PW7). When they reached a plot parallel to the house of one Subh Ram, accused Jaibir, Satyavir, Shamsher and Mani Ram, all sons of Desh Ram and resident of Village Badal came there. Accused Jaibir and Shamsher were armed with kulharis while accused Satyavir and Mani Ram were empty handed. Accused Jaibir raised a lalkara to his brothers that it was proper time to teach a lesson to Kartar Singh for causing murder of Desh Ram, father of all the four accused. On this, accused Satyavir and Mani Ram caught hold of deceased Kartar Singh whereas accused Jaibir gave a kulhari blow on the neck of Kartar Singh, upon which latter fell down. Thereafter accused Jaibir and Shamsher gave several kulhari blows on the neck and gudhi (head) of deceased as a result of which he died on the spot. It was alleged by complainant Jogender Singh (PW6) that out of fear, he and Jaipal (PW7) slipped from the spot and hid themselves in the house of Jai Pal. According to complainant Jogender Singh accused had done all this to take revenge of murder of their father Desh Ram who was killed by Kartar Singh. In the end Jogender Singh requested for action to be taken in the matter. The said statement (Ex.PH) of complainant Jogender Singh (PW6) was read over to him and he signed the same.

(3.) After recording police proceedings (Ex.PH/1) SI Chander Bhan (PW 10) sent a ruqqa from Adam Pur Chowki to the police station Sadar Dadri for registration of a case, upon which formal FIR Ex.PH/2 was recorded. The special report was received by JMIC Dadri at 9 a.m. On 9.12.1994. Thereafter, SI Chander Bhan (PW10) alongwith complainant Jogender Singh (PW6) went to the spot. The place of occurrence was got photographed and inquest proceedings (Ex.PE/2) were completed by SI Chander Bhan (PW/10) in the presence of Sher Singh and Rajesh PWs. He also lifted blood stained earth from the spot and after converting it into a sealed parcel took the same into police possession vide recovery memo Ex.PR. He also despatched the dead body for post mortem examination and recorded statement of all the PWs including that of Jai Pal (PW7) under Section 161 Cr.P.C. Though he requisitioned the dog squad and Scene of Crime Van from Hissar but the same did not reach the spot till 11.30 a.m. Later on one DSP also reached the spot who verified the investigation. In the meantime SI Chander Bhan joined other persons of the village. He also prepared rough site plan Ex.DA with correct marginal notes. One parcel containing the clothes of the deceased produced before him by Constable Suresh Kumar No.968, PW was taken into possession vide memo Ex.PS/I and statement of said constable Suresh Kumar was recorded. On reaching Police Station SI Chander Bhan deposited all the sealed parcels with the MHC in intact condition.