RAJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAJENDER son of Ram Singh was sent up for trial by the SHO of Police Station Baroda on 3.4.2001, for committing the murder of Mansa Ram on the intervening night of 2-3/4/2001 in the Allah Ala Saeyed Dera of village Banwasa. Vide the impugned judgment dated 16.1.2003 and order of sentence dated 18.1.2003 rendered by Additional Sessions Judge, Fast Track Court, Sonepat in Sessions Case No.76 of 2001 arising out of FIR No.47 dated 3.4.2001 registered under Section 302 IPC at Police Station Baroda, appellant was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.5000/-.

(2.) PROSECUTION story, in brief, is that Chand Ram, complainant, resident of Banwasa is the nephew of Mansa Ram, deceased. Mansa Ram aged about 80 years was unmarried. He became Baba and started residing in Allah Ala Saeyed dera situated in village Banwasa for the last 15/16 years as a sanyasi. Complainant used to visit the dera in the morning and evening. On 2.4.2001 in the evening, Chand Ram, complainant had gone to dera. Baba Mansagiri @ Mansa Ram was present in the dera along with Ram Phal, Prem, Partap, Siri Ram all residents of Village Banwasa and Dharam Singh resident of village Nidana. A young person of 30/32 years old of light dark complexion wearing pants and shirt who disclosed his name as Rajender resident of Village Bhatgaon was also present there. One week back he was also seen in the dera while sitting with the baba. Complainant Chand Ram, Ram Phal and others stayed in the dera up to 8:00/9:00 p.m. Thereafter they came back to their houses leaving Baba Mansa Giri and that young man in the dera. In the morning of 3-4/4/2001, Chand Ram had gone to the dera where Prem met him and informed about the murder of Baba Mansa Giri and disappearance of the young man of village Bhatgaon. Dead body of Baba Mansa Giri was lying on the wooden bench. Two wounds with a sharp edged weapon were noticed on the right side of neck of Baba Mansagiri. Information about the incident was given to Hira Singh, Chowkidar and Nafe Singh Sarpanch. After getting the information, Hira Singh, Nafe Singh and many other persons came to the spot. Hira Singh, Chowkidar and Nafe Singh, Sarpanch were deputed to guard the dead body. Chand Ram, complainant had gone to lodge report, and near High School, Baroda, police party headed by Ram Kishan, SI met the complainant where his statement Ex.PF was recorded. After making endorsement at 9:30 a.m, the said statement was sent to the police station, on the basis of which, formal FIR Ex.PP was recorded at 9:45 a.m. Special Report was delivered to the IIlaqa Magistrate at 1:45 p.m on 3.4.2001.

(3.) ON 14.4.2001, accused was arrested and suffered disclosure statement Ex.PR when interrogated by SI Ram Kishan in a different case i.e. FIR No.72 dated 4.2.2001 under Section 302 and 449 IPC, Police Station Safidon. ON receipt of information from Police Station, Safidon regarding involvement in this case, the accused, was arrested in this case with permission of Court and was remanded into police custody then suffered disclosure statement Ex.PJ on 18.4.2001. In pursuance of the disclosure statement Ex.PJ accused got recovered Kulhara from the specified place on 19.4.2001. Sketch of the kulhara Ex.PK was prepared. Kulhara was made into a sealed parcel sealed with the seal bearing impression `KS' and sealed parcel was taken into police possession vide memo Ex. PL. Case property was deposited with the incharge of the malkhana. After the completion of investigation, challan was presented in the Court. After hearing learned Public Prosecutor for the State, learned defence counsel for the accused and from the perusal of the documents on the file, trial Court opined that a prima facie case was made out to frame charge under Section 302 IPC. Charge was accordingly framed to which the accused did not plead guilty and claimed trial.