MANPHOOL Vs. STATE OF HARYANA

JUDGEMENT

(1.) FACT of this case lie with in a narrow compass. On 9.10.1986 one Mohinder Singh son of Lal Chand brother of Tam Sarup @ Sarup Singh son of Gobind Ram resident of village Indasar, District Churu, Rajasthan (deceased in this case) lodged FIR No. 81 in Police Station Siwani District Bhiwani under Section 304 A IPC to the effect that on the night intervening 8th and 9th of October, 1986 his uncle Ram Sarup driver on the truck of Kulbir son of Manphool was run over by the truck near the house of Manphool and had died.

(2.) AFTER two months, i.e. on 9.12.1986 Chandgi Ram brother of the deceased Ram Sarup filed a complaint under Section 302/34 201, 506/149 IPC. Against Manphool, his sons Kulbir, Nikka Ram and Sat Pal; Dev Karan son of Ganesha and his sons Parshotam and Jai Parkash; Chander Parkash son Sohan Lal; Pat Ram son of Hem Raj and his sons Baldev and Ram Bilas; and Bhajna, alleging that on the night intervening 1st and 2nd of September, 1986 they had committed the murder of Ram Sarup, took his dead body to the cremation ground of village Indasar in a tractor and cremated the same.

(3.) ON his turn the learned Additional Sessions Judge, Bhiwani vide his order dated 21.12.1988 charged the accused on the same date as under :-