STATE OF HARYANA Vs. MANNU ALIAS SWADESH

JUDGEMENT

(1.) This is an appeal against the judgment dated 21.4.1993 passed by the learned Sessions Judge. Faridabad acquitting the accused-respondent of the charge under Section 302 I.P.C. framed against him.

(2.) Facts of the case, in brief are that on 21.4.1991 at 6.05 a.m. Ved Parkash- PW, lodged F.I.R. Ex. PK in P.S. Sadar Palwal under Section 302 I.P.C. In the said F.I.R. it was alleged by Ved Prakash. PW that he was a resident of Davalpur and drives a three wheeler. It was alleged that on the previous day i.e. on 20.4.1991. at 1.30 p.m., Nityanand Nityam (deceased) and Raj Pal, PW had come to him and had hired his auto rickshaw for Rs. 100/- for going to Village Alawalpur. He further stated that they boarded his three wheeler no. HR-29A/4078 and they reached Village Alawalpur, at about 3 p.m. It was alleged that on reaching Village Alawalpur meals were taken at the house of accused Mannu @ Swadesh who is married with the daughter of Tej Ram. It was further alleged that accused Mannu @ Swyadesh and Nityanand @ Nityam (deceased) had taken a pond of Village Alawalpur on lease for five years for breeding fish. It was further alleged that on the previous day, accused Mannu had taken out fish and sold the same in the market and upon this Nityam, deceased had told Mannu accused that earlier also he had sold fish worth thousands of rupees and still he was doing cheating. It was alleged that upon this, they exchanged hot words where upon he (Ved Parkash) and Raj Pal, PW made them under stand. It was further alleged that on the previous day, at about 9.30 p.m. when they were going from the pond to the house of the father in law of accused Mannu to taken meals and had reached the galli, near the house, at that time accused Mannu and Nityam deceased had an altercation whereupon accused Mannu took out a knife from his pocket and gave a knife blow on the chest of Nityam deceased on his left side, as a result of which Nityam deceased fell down in the street. It was alleged that thereafter, he (Ved Parkash) and Raj Pal- PW put Nityam, deceased in his three wheeler and brought him to Palwal for treatment but on the way Nityam, deceased breathed his last. It was alleged that thereupon they took Nityam deceased to their Village Dayalpur from where they took Nityams, brothers namely Hira Lal and 1 Uttam to Ballabgarh, from where they were referred to Palwal Police Station. It was alleged that now he (Ved Parkash) had come to the police station alongwith Uttam and Hira Lal to lodge the report. It was further alleged that the dead body was lying in the three wheeler. (The special report had reached the Judicial the Judicial Magistrate at 7 a.m. on 21.4.1991 as per endorsement on the F.I.R. Ex. PK).

(3.) After recording the F.I.R. Ex. PK. Inspector Tika Ram. SHO., P.S. Sadar Palwal came out of the police station and found the dead body of Nityam lying in the three wheeler of Ved Parkash. Thereafter, he conducted inquest proceedings and thereafter sent the dead body to Civil Hospital Palwal through police constables for post mortem examination. Thereafter, Inspector Tika Ram went to the spot and after spot inspection prepared rough site plan Ex. PL. However, he did not find any blood stain there, as it was a pucca pavement street where cattle and villagers had passed through it. Inspector Tika Ram recorded statements, of various PWs on 21.4.1991. However, he examined Raj Pal. PW only on 23.4.1991. On 6.5.1991. Inspector Tika Ram was standing on the G.T. Road alongwith Hira Lal- PW at about 2.30 p.m. when Amar Singh Sarpanch produced accused Mannu Swadesh before him and Inspector Tika Ram formally arrested the accused in this case On interrogation, in their presence, accused Mannu made disclosure statement Ex. PC to the effect that he had concealed a knife in his hut situated on the tubewell near the pond of Village Alawalpur and offered to recover the same. Thereafter, accused Mannu Swadesh led the police party to the disclosed place and got the knife recovered from there Inspector Tika Ram took the same into possession, after preparing its sketch and after making it into sealed parcel Inspector Tika Ram also recorded statement of the Sarpanch of Village Alawalpur regarding the lease of the fishing rights in the pond. After completion of investigation challan was submitted in the court Learned Sessions Judge charged the accused under Section 302 I.P.C. to which charge the accused pleaded not guilty and claimed trial. The prosecution in support of its case examined PW-1 Dr. S.S. Singal PW-2, Hira Lal; PW-3 Sumer Singh Draftsman. PW-4, Bhoop Singh Sarpanch PW-5, Ved Parkash, complainant; PW-6 Raj Pal and PW-7 Inspector Tika Ram. The statement of the accused under Section 313 Cr.P.C. was recorded in which he denied the prosecution allegations against him and stated that he was innocent and had been falsely implicated in this case. He stated that some differences had arisen between him and Nityam deceased on the management of fishing pond because he (Nityam) was not fair to take into account the investment made by him (Mannu accused) in the seed. It was alleged that they parted company like friends and executed a formal deed of dissolution on 31.1.1991 in the presence of Kishan, Teji and Mohan of Alawalpur. It was alleged that thereafter he (accused Mannu) installed a tubewell sometime in late February or early March 1991 to fill up the pond-which had gone dry in the meanwhile. It was alleged that there was no occasion for Nityam deceased to visit Village Alawwalpur after the dissolution of the partnership. It was alleged that story of his being summoned to Alawalpur by Dharambir was false. He further stated that neither Ved Parkash nor Raj Pal had any occasion to visit Alawalpur. He stated that it appeared that Nityam deceased was put to death by some unknown person at some other place in some unexplained incident, but he had been falsely roped in simply because of their one time partnership and its dissolution. In his defence accused examined DW-1 Ram Dass. Clerk. H.S.E.B. DW-2 Surjit Singh Clerk Fish Farming Development Agency DW-3 Mohan Lal: and DW-4 Dharambir Learned Sessions Judge, Faridabad, after hearing both sides and after perusing the 'record acquitted the accused of the charge under Section 302 I.P.C., vide judgment dated 21.4.1993. Aggrieved against the same State of Haryana has filed the present appeal against acquittal.