RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of conviction and order of sentence passed by the learned Sessions Judge, Jind, whereby the appellant has been convicted for an offence under Section 302, Indian Penal Code, and as a result thereof, sentence to life imprisonment.

(2.) THE occurrence leading to the alleged murder of Rai Singh, deceased, took place on 30.3.1988 at about 10 P.M. in village Rajound at the cane-crusher owned by the appellant and his brother. The prosecution case in brief is that on the date of occurrence, Rai Singh, deceased Ramkala, PW4, Rohtash, PW5, and Surja (given up as unnecessary) were employed as labourers on the crusher in question by the appellant. At about 10 P.M. on the aforesaid date, Rai Singh, deceased and Rohtash, PW5, were feeding the cane-crusher while Surja was feeding the fire, and Ramkala, PW4, was preparing Gur. Rajinder Singh, appellant, asked Rai Singh as to why he was inserting more sugarcane in the crusher and saying so, he also abused the deceased in the name of his sister. This led to an exchange of abuses between the two, whereupon the appellant lifted an iron phuli. On seeing the appellant coming towards him, the deceased started running. The accused-appellant chased the deceased and after some distance, caught hold of him and inflicted a blow with the said iron phuli on the head of the deceased, who on receipt of the same, fell down. Thereafter, the accused ran away from the spot along with the iron phuli Ramkala, PW4, Rohtash, PW5, Surja and others then took the deceased in a buggi to the hospital at Rajound, where, on being examined by Dr. V.K. Sharma, PW2, he was declared dead. Dr. V.K. Sharma, PW2, sent intimation, Exh.PB, to police station Rajound in that regard. On receipt of intimation, Exh.P6, S.I. Sant Lal, PW7, went to Primary Health Centre, Rajound, and recorded the statement, Ex.PE, of Ramkala PW4. He sent this statement to the police station for the registration of a case, where on the basis of the same, the case was registered under formal FIR Ex. PE 1. Thereafter, he prepared inquest report Ex.PA/3, on the dead-body of Rai Singh which was lying in the hospital, and under request for post-mortem examination, Exh.PA/2, he sent the dead-body for post-mortem examination. He also recorded the statements of Rohtash, PW5, Surja Lila and Lachhman in the hospital. Thereafter, this Investigating Officer in the company of Ramkala, PW4 and Rohtash, PW5, went to the spot on that very night and on the following morning, he inspected the site of occurrence and prepared rough site plan, Ex.PC. He also lifted blood-stained earth from the spot, which he sealed and seized under seizure-memo, Ex.PF, attested by Ramkala, PW4, and Rohtash, PW5. He also recorded the statements of PWs Mohan Singh and Maghar Singh, and searched for the accused in vain.

(3.) IN support of its case, the prosecution has examined in all, seven witnesses, namely, Dr. (Mrs.) Promila Sharma, PW1, Dr.V.K. Sharma, PW2, Draftsman B.S. Buhra, PW3, Ramkala, PW4, Rohtash, PW5, Dalbir, PW6, and S.I. Sant Lal, PW7, besides tendering in affidavits of police officials and reports of Chemical Examiner, Ex.PL and PL/1.