GURNAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) On the night of 7/8.6.1995, Gumam appellant approached Balwan that one person was lying in an injured condition in the field of Jag Ram. As a result of this Gumam, Budh Ram accused and Balwan PW.6 went to the fields of Jag Ram and found Bal Krishan alias Bala lying in an injured condition there. Balwan PW.6 enquired as to what was the matter and he was told by Bala that Gumam appellant along with other administered spray/pesticide in liquor and as a result of which he was crying with pain. Bala was brought home. Diwana, father and Sunehri PW.7 mother of the deceased were awakened. Birmati PW.9 widow of the deceased was also present in the house. When Sunehri PW.7 asked Bala as to what had happened, he named Gurnam for mixing pesticide spray in the liquor served to him. Birmati and Raj Kumar another relations were also there when this oral dying declaration was made. Balia was taken to Janta Hospital, Barwala at about 8.00 A.M. where he passed away.

(2.) The motive for the occurrence was stated that there was a plot located in front of the house of the appellant and was allotted to Diwana father of the deceased under the Indira Yojna. The accused persons were staking claim of ownership on the plot.

(3.) Smt. Sunehri PW.7 made her statement Ex.PJ before ASI Raj Kumar PW.10 on 8.6.1995 at about 2.30 P.M., who after making his endorsement Ex.PJ/l, sent the same for registration of a case and on its basis formal F.I.R Ex.PJ/4 was recorded at the Police Station, at 2.00 P.M. on 9.6.1995. Special report reached the Ilaqa Magistrate at 6.00 A.M. on 9.6.1995. The said ASI went to the police station and prepared inquest report Ex.PB and sent the dead body for post mortem. Thereafter the investigation was taken over by SI Ram Kumar PW. 11. He also went to the place of occurrence and prepared rough site plan Ex.PL. He arrested the accused on 10.6.1995. After completion of the investigation, the accused were put to trial.