ANIL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of CRA No.853 -DB of 2002 and CRA No.883 -DB of 2002 as they arise out of the same judgment and order dated 24/26.10.2002 passed by the learned Additional Sessions Judge (Fast Track) Court, Sonepat. CRA No.883 -DB of 2002 has in fact been filed only by Rohtash son of Surja but he alongwith others has also filed CRA No.853 -DB of 2002 in which he (Rohtash) is appellant No.4. Therefore, CRA No.883 -DB of 2002 is surplusage.

(2.) THE appellants have been convicted by the learned trial Court for the commission of an offence punishable under Section 302 read with Section 34 Indian Penal Code ("IPC" - for short). They have been sentenced to undergo imprisonment for life; besides, pay a fine of Rs.2000/ -each.

(3.) THE FIR (Ex.PC/2) in the case has been registered on the basis of the statement (Ex.PC) made by the complainant Manphool (PW3) son of Sheokaran resident of village Salimsar Majra before ASI Rajiv Kumar (PW12) at the canal bridge in the area of village Mehlana on 15.5.2000. It is alleged by the complainant (PW3) in his statement (Ex.PC) that he is a resident of village Salimsar Majra. On 14.5.2000 he as usual was sleeping in the enclosed (Bagar) of his (Gher) (outhouse). Pat Ram (PW4) son of Bujan alias Mool Chand resident of Salimsar Majra came at the 'Gher' of the complainant (PW3) at about 12 midnight and went towards the fields with a water bottle to convenience himself. He also had a torch with him. A loud voice coming from the side of the water course near the road was heard by Manphool (PW3). The voice was to the effect that; "Anil, Rohtash, Maleh, Durga brothers do not kill me. I am your black cow and what wrong have I done to you, please let me go." This was followed by cries of "bachao -bachao". On hearing these cries, Manphool, complainant (PW3) went towards the water course on the road with a torch and a stick in his hand. In the meantime Pat Ram (PW4) also reached there. When they flashed the torch light, they saw Anil son of Sultan, Chand @ Malha son of Dhan Singh, Durga son of Suraj Bhan and Rohtash son of Surja residents of village Salimsar Majra (appellants) beating a man and dragging him; besides, were taking him towards the water course by lifting him. They dumped the man with his facing downwards towards the earth on the ground. When Manphool (PW3) and Pat Ram (PW4) asked them as to why they were killing him, all the four above said persons boarded a red colour Mahindra tractor which was parked ahead of the culvert on the road with a trailer attached to it and sped away towards the village. Before this another young person had fled away from the road when he noticed Manphool (PW3) and Pat Ram (PW4) coming and they could not recognize him. When they i.e. Manphool (PW3) and Pat Ram (PW4) noticed the man lying in the mud in the torch light they could not recognize him because his face was covered with clothes and mud. They sat down near the dead body of that man for keeping a guard. When they closely observed the dead body, they realized that it was the dead boy of Surender alias Chinda resident of village Salimsar Majra who had succumbed to the injuries that were inflicted on his body and head. The reason for nursing a grouse was that four days earlier a quarrel had taken place between Rohtash and Surender alias Chinda (deceased). Rohtash had told Surender alias Chinda (deceased) that either he should repay the amount of Rs.60,000/ -of his sister failing which he would kill him. Due to the said reason, Rohtash had committed murder of Surender alias Chinda with the help of his companions after due deliberations. Manphool, complainant (PW3) could not go to the Police Station to inform about the incident due to night time. In the morning, he was going to the police station to lodge a report that Rajiv Kumar, ASI met him at Mehlana Bridge where his statement (Ex.PC) was recorded. Action was asked to be taken. Manphool (PW3) had left Pat Ram (PW4) to guard the dead body. The statement was read over to Manphool (PW3) and was admitted by him to be correct. The police proceedings were recorded by ASI Rajiv Kumar (PW12) to the effect that on 15.5.2000 he along with UGC Sukhbir and Constable Vijander was present at Mehlana Bridge on the Mehlana road in connection with patrolling that Manphool (PW3) son of Sheo Karan came there and got his statement (Ex.PC) recorded which was read over to him word by word. He put his left thumb impression below his statement admitting the same to be correct. From the said statement, offences punishable under Sections 148, 149 and 302 IPC it appeared had been committed. The writing was then sent to the Police Station through Constable Vijander for registering a case (FIR). The number of the FIR was asked to be intimated; besides, special reports were asked to be sent to the Ilaqa Magistrate and the concerned police officers. The SHO was also asked to be informed through VT message. Rajiv Kumar ASI along with UGC Sukhbir and the complainant Manphool (PW3) then proceeded to the place of occurrence. On receiving the writing (Ex.PC), case FIR No.112 dated 15.5.2000 (Ex.PC/2) was registered at Police Station Sadar Sonepat.