GULAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and order of sentence of even date i.e. 3.3.2006 passed by the learned trial court, thereby convicting the appellant for an offence under Section 302 of the Indian Penal Code ('IPC' for short), and awarding him the sentence to undergo rigorous imprisonment for life.

(2.) Facts first. The prosecution case, as unfolded from reading of FIR Ex. PE, was that Desraj-PW2 got his statement recorded to the effect that he had three sons. His eldest son was Ram Kumar, younger to him was Rajender Kumar and the youngest was Jitender Kumar. Rajender Kumar-deceased was running a Karyana shop in Nalwa Colony. He was staying with his son Rajender Kumar for the last several days. On the date of occurrence, at about 5:00 p.m., his son Ram Kumar and nephew Vir Bhan had come to see him at Nalwa Colony. They were taking tea. It was about 5:30 pm, he heard cry of his son Rajender Kumar that 'mar diya mar diya'. Hearing this, all three of them came out of the house and saw that Gulab Singh-appellant was holding a knife (for cutting vegetables) in his hand. On seeing them, he gave two knife blows on the thigh of Rajinder Kumar-deceased. They raised alarm 'pakro pakro' (catch-catch). Thereafter, Gulab Singh ran away along with knife. His son fell down there. Huge blood had oozed out. His son Rajender Kumar told them that some altercation took place between him and Gulab Singh, on the issue of purchasing Gutkha (chewing tobacco), from the shop of Rajender Kumar-deceased, by Gulab Singh who was not giving its price. Due to that grudge, Gulab Singh-appellant caused two blows to Rajender Kumar with the knife. In the meantime, after hearing the noise, Sonu son of Kashmiri and Salender had come at the spot. Thereafter, they took Rajender Kumar to Civil Hospital, Panipat, for treatment, where he was declared dead by the Doctor. The statement was recorded, which was read over to Desraj-PW2, who accepted the same to be correct and put his signature.

(3.) The statement of the complainant, referred to above, was recorded as Ex. PB by Tara Chand- ASI of Police Station Chandni Bagh. Tara Chand-ASI recorded his endorsement thereon as Ex. PB-2 to the effect that a V.T. Message had been received from the In charge Police Post, Bus Stand, Panipat that Rajender Kumar son of Desraj, injured in quarrel, was admitted in Government Hospital, Panipat, whose dead body was in the Hospital and I.O. be sent for proceedings. Receiving this message, ASI Tara Chand along with HC Nishawsar Singh-31, Constable Ram Kishan No. 329, reached Government Hospital, Panipat, after receiving Doctor's ruqa from Police Post, Bus Stand, where Desraj met and got his statement recorded. The statement was recorded and it was read over to the complainant. He, after admitting the same to be correct, put his signatures underneath his statement in Hindi, which was attested by Tara Chand-ASI. From the statement and ruqa of the Doctor, an offence under Section 302 IPC was found to be made out. A written communication was sent to the police station for registration of the case through Constable Ram Kishan No. 329. It was requested that after registration of the case, its number be intimated. Special report be sent to the higher officers. SHO be also informed. He started the investigation at the spot with the help of Head Constable and the complainant. On the basis of above said communication, DD No. 36 dated 29.9.2004 was recorded at 10 p.m. Accordingly, FIR No. 374 dated 29.9.2004 under Section 302 IPC came to be registered by ASI Krishan Chander, Police Station Chandni Bagh.