@ RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Raju @ Raj Kumar son of Ram Bharose has preferred this criminal appeal to challenge the judgment of conviction dated 19.9.2007 and order of sentence dated 21.9.2007 passed by Sessions Judge, Ambala, in Sessions Case No.29 of 28.10.2006, arising out of FIR No. 225 dated 4.8.2006 under Section 302 IPC, Police Station Ambala Cantt., whereby the appellant has been convicted under Sections 302/342 IPC and directed to undergo imprisonment as under:-

(2.) Co-accused Sudhir son of Dev Raj was acquitted of the charge levelled against him and against the acquittal, no appeal was preferred by the State.

(3.) The prosecution story, in brief, is that on 4.8.2006, ASI Ashok Kumar, Incharge of Police Post, Tope Khaana Bazar, Ambala Cantt., received a telephonic message from Police Post, PGI, Chandigarh, regarding the admission of Bharat Rattan. On receipt of information, PW9 HC Sukhwinder Singh was sent to PGI, Chandigarh. At about 7/7.15 PM, while on patrol duty, ASI Ashok Kumar, along with police party was present near Tope Khaana Bazar Chowk, Ambala Cantt, when HC Sukhwinder Singh came and informed him that Bharat Rattan was not fit to make a statement. The doctor declared the injuries, on his person, to be dangerous to life. In the meantime, PW10 Ram Kishan, father of Bharat Rattan, met the police party and his statement (Ex.PD) was recorded. After making endorsement at 7.15 PM, statement was sent to the police station, on the basis of which, formal FIR was registered. Allegation of Ram Kishan, complainant, is that his son Bharat Rattan used to visit the house of Raju for the last about one year. Babli wife of Raju treated him like her brother and her children as their maternal uncle, but he did not appreciate this act of Bharat Rattan because father of Raju was related to him being from the same village. Bharat Rattan and Babli were snubbed but they did not stop meeting each other. Bharat Rattan was employee of Sudhir, who owns a tent house in Tope Khaana Bazar, Ambala Cantt. Some amount due from Sudhir was payable to Bharat Rattan but Sudhir was not ready to make payment. Sudhir had some altercation with Bharat Rattan. Sudhir did not like Bharat Rattan visiting the house of Raju. He used to instigate Raju against Bharat Rattan. On 3.8.2006 at about 8.00 PM, complainant was present in front of Sakya Tent House, when he noticed Raju and Sudhir were talking to each other. In the meantime, Bharat Rattan also came there and went to the house of Raju. Sudhir instigated Raju to follow Bharat Rattan. Raju bolted his door from inside. Bharat Rattan was confined in a room and was being beaten by Raju. On hearing cries of Bharat Rattan, Ram Kishan, complainant, raised alarm that attracted Mukesh Kumar and Gappu. After great effort, Raju opened the door of the house. Raju gave injuries to Bharat Rattan with a brick and an iron pipe on his head. After that, Raju fled from the spot. Raju while leaving the place of occurrence, threatened to eliminate Bharat Rattan. Babli wife of Raju also suffered injuries in the same occurrence. Bharat Rattan was shifted to Civil Hospital, Ambala Cantt., where he was medico legally examined by PW1 Dr.T.S.Sahni. Keeping the condition of Bharat Rattan in view, he was referred to PGI, Chandigarh. The IO had visited the spot. A rough site plan (Ex.PQ) with its correct marginal notes was prepared. A photographer was arranged to photograph the site of occurrence. Blood stained earth and a blood stained darri were lifted from the spot and the same were made into separate sealed parcels. Sealed parcels were taken into police possession vide memo (Ex.PI) attested by the witnesses. On 5.8.2006, while the IO was searching for the accused, he received information regarding the death of Bharat Rattan and added offence punishable under Section 302 IPC. PW9 HC Sukhwinder Singh was sent to PGI, Chandigarh, who had prepared inquest report (Ex.PJ). In the meantime, police party received information regarding presence of the accused near Patel Park area. A raid was conducted and Raju and Sudhir were arrested by the police. Raju was interrogated and suffered disclosure statement (Ex.PM). In pursuance of disclosure statement, Raju got recovered an iron pipe (Ex.P7) from the specified place. Sketch of the iron pipe was prepared and after converting into a sealed parcel, it was taken into police possession vide memo (Ex.PO) attested by the witnesses. Rough site plan of the place of recovery (Ex.PR) was prepared. On return to the police station, case property was deposited with the Incharge of Malkhana. After completion of investigation, challan was presented.