STATE OF HARYANA Vs. BIJENDER SINGH ALIAS LAMBA

JUDGEMENT

(1.) This judgment would dispose of Criminal Appeal No. 653-DBA of 2002 filed by the State of Haryana and Criminal Revision No. 1991 of 2002 filed by Basant Singh-complainant as they have arisen out of a common judgment dated January 11th, 2002 passed by Additional Sessions Judge, Jhajjar, whereby accused-respondents were acquitted in cases bearing First Information Report No. 193 dated June 23rd, 1998 under Sections 148, 201, 302/120B read with Section 149 of Indian Penal Code and Section 25 of Arms Act and FIRs No. 210, 211 and 212 dated, July 8th, 1998 under Section 25 of the Arms Act Police Station Sadar Bahadurgarh.

(2.) In brief, prosecution story is that on June 22nd, 1998 at about 8 PM Jaibir and Ashok (both brothers-deceased) and Bijender, Ashok Kumar, Satish, Joginder Pal all residents of village Isapur, Ram Avtar and Krishan Kumar accused-respondents were present on the turning of village Isapur. Vijay Singh brother of the deceased was on his way back from Delhi to his village Isapur in a bus. On noticing his brothers and the accused-respondents, he alighted form the bus and asked his brothers as to why they were standing there. The deceased told him that Ram Avtar and Krishan accused-respondents were to pay their money which was paid to them through Bijender. Thereafter, they never returned to their house.

(3.) On June 23th, 1998 a few women of village Lohat had gone to the fields to cut the grass and noticed a dead body of a young boy having injuries lying in a drain near the field of Umed Singh. They informed Lakhmi Chand Sarpanch of Gram Panchayat Lohat. Lakhmi Chand, Jagmal and Banwari reached the spot. From the spot, Lakhmi Chand reached Police Post Badli, Police Station Bahadurgarh and informed the Police. A wireless message was sent to Mohar Singh, Station House Officer, Police Station Bahadurgarh (PW-19) by Police official of Police Post Badli. Mohar Singh, Sub Inspector reached the spot. He recorded the statement of Lakhmi Chand (Exhibit PJ) and appended his endorsement (Exhibit PJ/2). First Information Report (Exhibit PJ/1) was recorded in Police Station Badli. Inquest proceedings (Exhibit PAB) were conducted. Fired cartridges, live cartridges, 4 buttons, bullets, sleepers and blood stained earth were taken into possession vide recovery memorandum (Exhibits PK). The dead body was also photographed. Rough site plan (Exhibit PAA) was prepared. The dead body was sent for post-mortem examination.