RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Rajesh (who is in custody since the day of his arrest on 28.9.2001) was tried by the court of learned Sessions Judge, Bhiwani, for the offences under Sec. 302 Indian Penal Code and 25, 54, 59 of the Arms Act, 1959 (hereinafter referred to as 'the Act'), for committing the murder of Jai Singh, aged about 70 years, by using a sword. The trial court, vide its judgment dated 5.12.2002 convicted the appellant under Sections 302 Indian Penal Code and 25 of the Act. Vide order dated 9.12.2002, passed by the trial court, he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000.00, in default of payment of fine to undergo rigorous imprisonment for six months, under Sec. 302 Indian Penal Code; and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500.00, in default of payment of fine to undergo rigorous imprisonment for three months, under Sec. 25 of the Act. Both the sentences have been ordered to run concurrently. Against the said judgment and order, the instant appeal has been filed by the appellant.

(2.) The case of the prosecution is based upon the statement of Joginder (PW.10), son of deceased Jai Singh, a resident of village Chhapar. In his statement (Ex.PG), he stated that they are three brothers. Eldest is Kamal and youngest is Ramesh. They are living separately. His father Jai Singh (deceased) was living with him. On 3.6.2001 at about 2 PM, after taking meal from his house, he (complainant Joginder) came to the Nohra, where his father was living. He heard some noise. Thereupon, he ran inside and saw that a man armed with a small sword, like big knife, was present there. Within his sight, the said person inflicted injury twice on the neck of his father. On seeing that, the complainant perplexed; and he tried to apprehend the assailant, but he succeeded in running away. The complainant did not know his name, as he was a stranger. Dharampal son of Udey Ram, a resident of the village, and Prabhu (uncle of the complainant) had also seen him running in the street. They could identify him, if he comes before them. Thereafter, several other persons came on the spot. The complainant further stated that some one had murdered his father due to old enmity or due to some other reason. The above statement (Ex.PG) was recorded by ASI Bishamber Dayal (PW.8) on 3.6.2001 at 5.30 PM, when he along with Constables Satpal and Surender reached the place of occurrence, on receiving a telephone message from Ravinder Sarpanch that some unknown person had committed the murder of Jai Singh. On the basis of the said statement, formal FIR (Ex.PG/1) was recorded on the same day at 6.15 PM and special report was sent, which was received by the Ilaqa Magistrate in the night at 8.00 PM. On the same day, SI Ajaib Singh (PW.3) reached the place of occurrence. On spot inspection, the dead body was found lying on a cot in the corridor of the house. Blood was lying under the cot. Two marks of injuries were noticed on the neck of the deceased. Fresh blood was oozing. The inquest report (Ex.PB) was prepared, which was signed by Dharam Chand son of Prabhu Ram and Raghbir son of Data Ram. The dead body was sent to Civil Hospital, Charkhi Dadri, for post mortem examination.

(3.) On 4.6.2001, Dr. Anil Chaudhary along with Dr. Giri Raj conducted post mortem examination over the dead body of Jai Singh. He found two incised wounds, measuring 3 x 2 cms and 3 x = cm on the neck. In the opinion of the doctors, the cause of death was haemorrhage and asphyxia due to injuries on the vital organs, trachea and esophagus. All the injuries were ante-mortem in nature and were sufficient to cause death in the ordinary course of nature. The probable duration between injuries and death was within few minutes and the probable time between death and postmortem was within 24 hours.