BANWARI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 13.7.2006 whereby the appellants were convicted for the offences punishable under Section 302/201 read with Section 34 of the Indian Penal Code ('IPC' for short), and they were accordingly sentenced to undergo rigorous imprisonment for life. Facts first. The criminal law was set into motion by Smt. Guddo alias Krishna wife of Sumer Singh -deceased, by getting her statement (Ex. PL) recorded before the police. Inderpal SI/SHO along with Jaipal Singh SI, Chander Bhan Head Constable No. 40, Meer Singh UGC, Rajender Singh UGC and Surender Singh Constable, was present in village Mandi in a government jeep bearing registration No. HR -35 -1377 driven by Satish Kumar, Constable, in connection with patrolling duty, on 11.2.2001 at about 5:00 p.m. Smt. Guddo @ Krishna, who was accompanied by her Jeth (elder brother of her husband) namely Vijay Singh, resident of village Mandi, came and got her statement (Ex. PL) recorded. The complainant stated that she was resident of the above said village and was a household lady. On 4.2.2001, she along with her husband Sumer Singh, was present at her house. At about 6:00 p.m., Lala alias Vijay Singh son of Ranjit Singh, Sethi alias Laxman son of Leela Ram and Poet alias Satnarain son of Inder Singh, Caste Ahir, resident of village Mandi, who were well known to the complainant, came to their house and asked her husband -Sumer Singh to come out of the house. Her husband told her to prepare meal and he would return after some time. She prepared meal but her husband did not return up to 11/12'o clock. After waiting, she went to sleep but her husband did not come back even on the next morning. On 5.2.2001, at about 11:00 a.m., accused Poet alias Satnarain met her and she asked him about her husband, who left in the evening but did not return home. Accused Poet alias Satnarain told her that her husband -Sumer Singh had gone to Gujarat and would return within two or four days. However, her husband did not return till the date when she got her statement recorded. She further stated that today i.e., on 11.2.2001, a dead body in a naked position was found in a well of Bir Singh son of Deen Dayal. Having received that information, she along with her Jeth Vijay Singh and Jethani Rajesh Devi reached at the well of Bir Singh. She, her Jeth and Jethani saw the dead body, which after taking out from the well, had been placed there. The dead body was identified by her, her Jeth and Jethani as that of her husband Sumer Singh, as little finger of the left hand of her husband was having four phalanx (knuckles). Symbol of OM was engraved (as tattoo) on the right hand of her husband. Thread was tied on thumbs of feet of her husband. She, on careful examination of the dead body, identified it as her husband's body. She was having full doubt that her husband was murdered by Vijay Singh, Laxman and Satnarain and his dead body was thrown in the well of Bir Singh. The motive behind the murder was that a case for molesting a girl was lodged against Jitender son of her Jeth Bhawani Singh, by Banwari (brother of accused Vijay Singh). She sought legal action against the accused. After recording the above said statement of Guddo alias Krishna by Inderpal SI/SHO, police station Sadar Narnaul, it was read over to her. She heard it and after accepting the same to be correct, put her signatures in Hindi in token of its correctness. From the statement, a case for commission of offence punishable under Sections 302, 201, 34 IPC was found to be made out. Accordingly, a writing was sent through Constable Surinder Singh 306 to the police station and it was directed that after registration of the case, number of the FIR be informed. Special report be sent to the Senior officers and Illaqa Magistrate. He along with his co -employees and complainant along with her Jeth Vijay Singh, left for the place of occurrence at village Mandi. On the basis of the above said statement, formal FIR (Ex. PL/2) was recorded by MHC Om Parkash -PW 4. Copy of FIR No. 39 dated 11.2.2001 was sent to SHO for investigation through the same Constable namely Surender Singh. Copies of the FIR and special report were sent through Constable Naresh Kumar PW -7 to the Illaqa Magistrate and senior officers.

(2.) INVESTIGATION was carried out. Inderpal SI/SHO reached at the place of occurrence. He conducted the inquest proceedings. Statements of PWs Vijay Singh, Bhawani Singh, Narender and Ram Chander were recorded under Section 161 Cr.P.C. The dead body was sent to the General Hospital, Narnaul. An application for getting the post mortem examination on the dead body was entrusted to Constable Surender Singh. Thereafter, SI Inderpal came to Narnaul and recorded the statement of PW Bishnu Balmiki, who took out the dead body from the well. On 12.2.2001, SI Inderpal again went to village Mandi and recorded the statement of Constable Surender Singh. On 12.2.2001, Inspector Sishpal Singh visited village Mandi and verified the investigation conducted by Inderpal SI/SHO. Rough site plan was prepared by Inderpal SI in the presence of Inspector Sishpal. On 13.2.2001, Sishpal Inspector recorded the statement of Jarawali and Narender Sarpanch. On 15.2.2001, he arrested accused Laxman, Poet alia Satnarain and Vijay. On interrogation, all the three accused suffered their disclosure statements Ex. PQ, Ex. PR and Ex. PS. On 24.2.2001, accused Banwari was arrested. On interrogation, he also suffered a disclosure statement. Pursuant to their disclosure statements, all the accused identified the place of occurrence. Rough site plan of demarcated places were also prepared. On completion of the investigation, report under Section 173 Cr.P.C. was presented by Inderpal SI/SHO, before the learned court of competent jurisdiction. Relevant documents were supplied to the accused. Finding the offence under Section 302 IPC exclusively triable by the learned court of Sessions, the case was committed to the court of Sessions, for trial.

(3.) WHEN the case was fixed for prosecution evidence, accused Poet alias Satnarain moved an application on 23.10.2002 under Section 307 Cr.P.C., seeking tender of pardon. Another application was moved on 5.12.2002 by accused Poet alias Satnarain, seeking cancellation of his bail on the ground that he was apprehending danger to his life at the hands of his three co -accused. His application was allowed and he was taken into custody. Vide order dated 24.5.2003, his application under Section 307 Cr.P.C. was allowed, whereas other applications of Lala alias Vijay, Sethi alias Laxman and Banwari were dismissed.