RAMESH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Chander and his son Ramesh resident of village Mahawati, within the area of Police Station, Smalkha, district Panipat, in Haryana have been convicted and sentenced for the murder of one Goverdhan.

(2.) A criminal case was registered against Goverdhan deceased for causing simple injuries to Ram Chander. The complainant side had some agricultural and near the fields of Sarpanch Rajinder Singh in the said village. On 25.5.1995, at about 4.00 P. M. , Goverdhan had gone to operate the electric tube well for irrigation of the sugar cane crop when he was allegedly caught hold of by Ram Chander, who asked his son Ramesh to avenge the previous incident. As a result of this Ramesh allegedly inflicted knife blows to Goverdhan in his chest and abdomen, as a result of which Goverdhan fell down. The occurrence was being witnessed by Om Singh P. W. 6 land Puran Lal P. W. 8, who are the real brothers of the deceased and were already present nearby.

(3.) The deceased was firstly taken to C. H. C. Smalakha. The doctor after giving first aid and medico legally examining him referred the deceased to Government Hospital, Panipat wherefrom he was referred to Medical College and Hospital, Rohtak but keeping in view the serious condition of Goverdhan deceased, he was taken to Prem Nursing Home, Panipat and was admitted there, where the deceased passed away. On 25.5.1995, on receipt of ruqa Ex. PB from C. H. C. Samlkha, ASI Jorawar Singh P. W. 12 went to C. H. C. Samlkha. The injured had already been referred to Civil Hospital, Panipat. He thereafter went to the house of Goverdhan in village Mahawati where he met Om Singh P. W. 6 and he recorded his statement Ex. PQ and on its basis formal F. I. R. Ex. PQ/1 was recorded at 2.15 A. M. on 26.5.1995. ASI Jorawar Singh also prepared rough site plan Ex. PX of the place of occurrence and took into possession a pair of Chappal Ex. P5 and P6 and blood stained earth vide recovery memo Ex. PR. Thereafter the investigation was entrusted to Sub Inspector Bhullan Singh P. W. 14. On 26.5.1995, on receipt of message about the death of Goverdhan, SI Bhullan Sigh went to Prem Hospital, Panipat and prepared inquest report Ex. PH and sent the dead body for post mortem. After post mortem clothes of the deceased were taken into possession vide recovery memo Ex. PV/2. Ramesh appellant was arrested on 6.6.1995. In pursuance of his disclosure statement Ex. PS, he got recovered knife Ex. P3 which was taken into possession vide recovery memo Ex. PU. On 2.7.1995 Ram Chander appellant was arrested by SI Surinder Singh P. W. 7. After completion of the investigation, both the accused were put to trial.