RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been brought by Ramesh Kumar, Appellant, against judgment dated 29.11.2001 passed by learned Sessions Judge, Kurukshetra holding him guilty and convicting him for the offence punishable under Section 302 of the I.P.C. and order of sentence dated 3.12.2001 sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5000/ -, in default of payment of which, to further undergo imprisonment for two years. The case set up against the Appellant by Police Station, Sadar Thanesar is as under:

(2.) ON 11.7.2000 at about 7.30 P.M., Ram Kumar, PW13, a cousin brother of Jagdish Chand (deceased) came to see him at the tubewell of said Satnam Singh. Ram Kumar had been coming often to see him there. When on 11.7.2000, Ram Kumar reached there, he found the Appellant and Jagdish Chand abusing each other. On his enquiry, the Appellant told him that Jagdish Chand had promised to prepare chicken in the evening, but he had failed to keep his promise. Ram Kumar pacified both of them and staying thereafter there for some time, he came back.

(3.) ON 11.7.2000 itself, Ajmer Singh, a cousin brother of Jagdish Chand, deceased, had gone to village Charuni Jattan to see his in -laws. He left that place on 12.7.2000 for village Shamgarh. He was driving his car. On the way, he thought of seeing Jagdish Chand, his cousin brother in village Samani. He came to the tubewell of Satnam Singh where Jagdish Chand was working as 'siri'. When he reached the same, he found the door of the room of tubewell of Satnam Singh lying open. He did not find Jagdish Chand in the said room. Ajmer Singh looked around for Jagdish Chand and he was shocked to find the dead body of Jagdish Chand lying in a nearby water -course. He noticed a 'parna' wrapped around the neck of Jagdish Chand. He also saw that two teeth of Jagdish Chand were missing. Ajmer Singh was able to notice other injury mark on the chin of Jagdish Chand and saw some blood lying near the dead body. He also noticed some drag -marks from the room of the tubewell to the place where the dead body was lying. Hearing about some murder having taken place at the tubewell of Satnam Singh, Baldhari along with Subhash came there. Ajmer Singh, while asking Baldhari and Subhash to keep a watch on the dead body of Jagdish Chand, as also at the place of occurrence, started for Police Station, Sadar Thanesar. He, however, came across Bir Bhan, S.I., S.H.O., Police Station, Sadar Thanesar at Umri Chowk, Kurukshetra. He lodged a report with the S.H.O. at that place. His statement, Exhibit PK was recorded on which Bir Bhan endorsed his recommendation, Exhibit PK/1 for registration of the case and had sent the same to Police Station, Sadar Thanesar. On the basis of the same, F.I.R., Exhibit PK/2 was recorded. Bir Bhan, S.I.,S.H.O. then accompanied Ajmer Singh to the place of occurrence. He conducted inquest proceedings with respect to the dead body of Jagdish Chand. He then dispatched the dead body of Jagdish Chand with Head Constable Tek Chand giving him a written request for conducting post mortem examination on the dead body at LNJP Hospital, Kurukshetra. In the meanwhile, Mehar Chand, District Police Inspector, Kurukshetra reached the spot and took up the investigation from Bir Bhan, S.I., S.H.O.