RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Kumar son of Basti Ram and Sant Kumar son of Mani Ram of village Mohmadpur Rohi, district Hisar, have been convicted by Shri Babu Ram Gupta, Additional Sessions Judge, Hisar, for offence under section 460 of the Indian Penal Code, 1860 and sentenced to imprisonment for life on 16/2/1989. Aggrieved against it, the present appeal has been preferred.

(2.) Briefly the story of the prosecution is that on 3/9/1987 at about 8.00 A.M., Rajinder Pars had (P.W. 4) went to meet his mother Baskauri Devi but he found that she and her another son Richhpal were lying dead in a pool of blood on two different cots. Both the legs of Baskauri Devi were found cut and silver karis weighing about one seer were also missing. Rajinder Pars had (P.W. 4) immediately brought it to the notice of one Manphool. After leaving said Manphool and Buta Singh near the two dead bodies, Rajinder Parshad proceeded to the Police Station and lodged the First Information Report there at 11.00 A.M. on 3/9/1987. The complainant mentioned in his report that some unknown persons have caused the death of his mother Baskauri Devi and brother Richhpal and taken away the silver karis. The occurrence obviously took place on the intervening night of 2nd and 3rd September, 1987. A copy of the First Information Report was received by the Illaqa Magistrate at 3.05 P.M. on the same day i.e. on 3.9.1987.

(3.) Shri Raghbir Singh, Sub Inspector (P.W.13) arrived at the premises and the inquest reports EX-P N3 and EX-PB13 were prepared and the bodies were despatched to civil hospital, Fatehabad, for the purpose of post mortem examination. On 10/9/1987, Ram Kumar, accused, is alleged to have made an extra judicial confession before Mani Ram, P.W. 5 and Sant Kumar accused is alleged to have made extra judicial confession to Sultan Singh, P.W. 9, regarding the occurrence having been caused by them.