KHEM CHAND @ KHEMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Three separate appeals filed by the co-convicts are proposed to be decided vide this common judgment. Particulars of the appeals are CRA-D 815-DB of 2006 (Khem Chand @ Khema v. State of Haryana), CRA D-846-DB of 2006 (Ajit v. State of Haryana) and CRA D-947-DB of 2006 (Randhawa v. State of Haryana). All these three appeals are against the same impugned judgment dated 20.9.2006 passed by learned Additional Sessions Judge, Jhajjar. However, for the facility of reference, the facts are being culled out from CRA-D-815-DB of 2006.

(2.) The criminal law was set into motion by the complainant Ram Chander (PW-6), by submitting a written application dated 21.11.2003 Ex. P45, to the effect that he was resident of village Dawla. They were three brothers. He alongwith his younger brother Mangal was living in village Patodi while his brother Leela was living in village Dawla and was doing the work of Ojha (Sorcerer). On 15.9.2003, he came to see his elder brother Leela, where his bhabi (Leela's wife) Sunita told him that Leela was called by Khema son of Surat Singh caste Maniyar resident of village Dawla, two days before. Mother of Khema was treated by Leela. Leela had not turned back till then. So, the complainant went to house of Khem Chand to enquire about Leela. He came to know that Khem Chand had taken Leela to the house of Ajit son of Ghisa Ram at village Kanhwa, whereupon, he reached at the house of Ajit in village Kanhwa. His brother Leela was found there. Besides him, Ajit Singh son of Ghisa Ram resident of village Kanhwa, Khem Chand son of Surat Singh, resident of village Dawla, Randhawa son of Raghbir Singh and Kapoor @ Bhundu son of Om Parkash, caste Chamar, residents of village Kanhwa were also found there. The complainant had a talk with Leela. Leela replied that he would return till evening and the complainant should go home. Thereafter, the complainant returned back to his house but his brother Leela did not return till evening. The complainant went to village Patodi from village Dawla at night in connection with some urgent work. Today, i.e., 21.11.2003, he had come again to village Dawla to see his brother Leela and his family members. His Bhabi (brother's wife), Sunita told him that Leela had not returned.

(3.) The complainant again enquired about the whereabouts of his brother and came to know that his brother Leela had treated the mother of Khem Chand but she could not be cured. Hence, Khem Chand nourished a grudge against Leela. The complainant suspected that Kapoor @ Bhundu and Khem Chand alongwith their accomplishes Ajit Singh and Randhawa son of Raghbir, Sarpanch of village Kanhwa, had kept concealed his brother Leela with the intention to kill him. He enquired about these four persons but all the four persons were not available at their respective houses. He requested for the search of his brother.