LAWS(P&H)-2010-3-59

RAM SUKH Vs. STATE OF HARYANA

Decided On March 23, 2010
RAM SUKH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Ram Sukh son of Nanku Ram, resident of Shivaji Colony, Hansi Raod, Karnal, preferred this appeal to impugn the judgment of conviction dated 25.3.2003 and order of sentence dated 26.3.2003 passed by Sessions Judge, Karnal, in Sessions Case No.33 of 2002 arising out of FIR No. 332 dated 19.7.2002 under Section 302 IPC, Police Station City Karnal. By the said judgment, he was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine, to further undergo RI for one year for committing murder of two persons.

(2.) Prosecution story, in brief, is that on 19.7.2002, police party headed by SI Som Nath was present at culvert of a drain near Bhagwaria Gas Agency, Karnal, where Om Parkash, complainant had met him and reported that he is the resident of Shivaji Colony, Karnal. His factory is adjoining to his residential house. Ramsukh and his younger brother Ramjas along with their families are living in separate rooms in the house, adjacent to his house. Their house was constructed by their father Nanku Ram and after his death, Ramjas along with his family members and Parbho Devi was residing in the said house. About one year back, Ramsukh son of Nanku Ram along with his family members had shifted from the village and started residing in the said house. Regarding partition of the said house, there was a dispute amongst the brothers and their wives also used to quarrel qua partition of the house. Ramsukh used to quarrel with his mother Parbho Devi for constructing another house, like the same house, but Parbho Devi used to make her both sons and their wives understand. Ramsukh wanted that only he should reside in the house, but both were helpless. 2-3 days earlier, there was an altercation amongst the brothers and their families and mother Parbho Devi. They were requested to wait for 2-3 days to find out a solution. Today, i.e., 19.7.2002 at about 4.30 AM, while going to the bath room, he had heard a noise. Then he had gone to the roof of the house. Ramsukh was sighted while holding a gadala/sabal and giving 2-3 blows on the head of Amrawati @ Anita wife of Ramjas, who on receipt of sabal blows had succumbed to her injuries on the spot. In the meantime, on hearing noise, Ramjas woke up and was about to get up, then Ramsukh gave sabal blow on his head. He along with Parbho Devi tried to rescue Ramjas. Parbho Devi also received injuries on her hand. After committing the crime, Ramsukh had fled away from the spot with the weapon. Parbho Devi with the help of 2-3 persons had shifted Ramjas to Civil Hospital. Ved Parkash was deputed to guard the dead body. After recording the statement of Om Parkash, same was read over and explained to him, who had signed the same in token of its correctness. After making endorsement at 10.15 AM, statement was sent to the Police Station, on the basis of which, formal FIR (Ex.PB) was recorded.

(3.) SI Som Nath along with party had gone to the spot. Photographer was summoned. Photographs of scene of occurrence were got clicked. Inquest report was prepared. Then dead body of Amrawati was sent to the hospital for postmortem examination. Gadda, baan and pillow stained with blood were lifted from the spot and made into sealed parcels with seal bearing impression 'SN'. Sealed parcels were taken into police possession vide separate memo attested by the witnesses. Blood stained earth was also lifted from the place of occurrence and made into a sealed parcel. Parcel was taken into police possession vide separate memo attested by the witnesses. Ruqa was received from Police Post, Civil Hospital, Karnal, regarding admission of Ramjas. After that, Investigating Officer had gone to Civil Hospital, Karnal, and moved an application for getting opinion of the doctor regarding fitness of the injured. But the doctor reported that injured was referred to PGI, Chandigarh. SI Som Nath was present near the dead house of Civil Hospital, Karnal, where Parbho Devi informed him regarding the death of Ramjas on the way when he was being shifted to PGI, Chandigarh. Inquest report qua dead body of Ramjas was prepared. Dead body was handed over to the police official for postmortem examination. After postmortem examination, dead body was handed over to the relatives of the deceased for cremation.