RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will dispose of Crl. Appeal No. 133-DB of 1996 (Rajesh Kumar son of Om Parkash v. State of Haryana), Crl. Appeal No. 309-DB of 1996 (Sanjay Kumar son of Maha Singh v. State of Haryana) and Crl. Revision No. 288 of 1996 (Sarup Singh son of Bharat Singh v. Sanjay Kumar son of Maha Singh and Rajesh Kumar son of Om Parkash) as both the appeals and the revision are directed against the judgment dated 28.2.1996 of Shri Arvind Kumar, Addl. Sessions Judge, Gurgaon in Sessions Case No. 45 of 29.7.1995 in FIR No. 74 of 29.3.1995 registered at Police Station Bilaspur by which Sanjay Kumar has been convicted under Section 302 of the Indian Penal Code and Rajesh Kumar has been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life with a fine of Rs. 2000/- each. In default of payment of fine, they have been directed to undergo further R.I. for a period of six months.

(2.) THE prosecution case is that Sub Inspector Satyawati while posted as Station House Officer at Police Post, Bilaspur received a V.T. Message (Ex. DC) on 29.3.1995 informing her about the admission of one Udey Yadav son of Rameshwar (hereinafter referred to as "the deceased") in Civil Hospital, Gurgaon and his subsequent death. On reaching the Police Station City Gurgaon in the official jeep, she was handed over ruqa sent by the Doctor (Ex. PF/1). On reaching the Hospital, she recorded the statement of Virender (Ex. PE). In his statement, Virender has narrated the entire episode leading to the death of the deceased. Virender stated that he is a student of 10+2 class of Government College, Sidhrawali. Elections to the post of President of the Students Union of the College were held in the year 1994. Two candidates, namely, Sunil of Village Sidhrawali and Rishi Raj of Bilaspur had contested the elections for President. He and the deceased were assisting Sunil in the election. On the other hand, the accused Rajesh Kumar and Sanjay Kumar were assisting Rishi Raj. Sunil was elected as a President. Consequently, Rajesh Kumar and Sanjay Kumar were nursing a grudge against Virender and the deceased, Udey Yadav. In fact, the deceased had been threatened on many occasions by the accused that they will teach him a lesson for assisting Sunil in the election. On 29.3.1995, Virender and the deceased who were class- fellows, had gone to the college from their village as Virender had to take back a book which he had left in the Library. When they reached the College, the deceased decided to stay at the gate whereas Virender went to the Library to collect his book. While at the Library, he met Bahadur who had gone there to read the newspaper. They both left the Library together. When they reached near the College Gate, they saw the deceased standing near the Samadhi of Baba Bhajle Ram. At that time it was around about 2.30 p.m. At the same time, the accused came to the spot from the opposite direction. He saw that Rajesh had caught hold of the deceased from behind. He also saw Sanjay inflicting two wounds on the chest of the deceased with the knife. He and Bahadur ran towards the deceased. On seeing them, the accused fled away from the spot. He and Bahadur had witnessed the entire incident with their own eyes. The information was sent to the uncle of the deceased Sarup Singh who also reached the spot. A Maruti van was arranged for taking the injured to the Civil Hospital, Gurgaon. However, when they reached the Hospital, the injured had already died. The doctor declared him "brought dead". On the basis of the aforesaid statement (Ex. PE/1), FIR (Ex. PE/2) was recorded by M.H.C. Ramphal. Inquest report, (Ex.PC) was prepared. Request (EX. PB) was made to the Medical Officer for post-mortem examination. The Sub-Inspector then visited the scene of the crime. She lifted blood stained earth and sealed the same in a tin box (Ex. P3) which was taken into possession by recovery memo (Ex. PG/1). Rough site plan of the scene of the crime was also prepared (Ex. PH). After post-mortem examination, the clothes of the deceased were handed over to her by the Head Constable Hukam Singh which were taken into possession vide the recovery memo (Ex. PJ). She also prepared the scaled site plan (Ex. PD) of the scene of the crime. Both the accused were arrested on 30.3.1995. They were produced before the Illaqa Magistrate who remanded them to police custody. Ex. PD is the request made by the Sub Inspector to the Medical Officer PHC Bhorkala for the medical examination of Rajesh accused. During interrogation on 3.4.1995, Sanjay accused made a disclosure statement (Ex. PK) that he had concealed his shirt on the Kotha of tubewell belonging to his maternal grand-father. The shirt was recovered in the presence of Head Constable Mahabir Singh and Constable Sube Singh. The shirt (Ex.P4) was taken into possession by recovery memo (Ex. PL) attested by the witnesses. After the completion of the investigation, the accused Sanjay was charge-sheeted under Section 302 of the IPC and Rajesh under Section 302 read with Section 34 of the IPC.

(3.) ON the closure of the prosecution evidence, the statements of the accused were recorded under Section 313 of the Cr.P.C. Sanjay pleaded innocence and false implication. Rajesh, accused took the plea of the self-defence. He produced Dr. S.S. Yadav, Medical Officer to prove the injuries which were found on his person, when he was examined by the doctor on 30.3.1995. He also proved (Ex. DX), photostat copy of the MLR and Ex. DY, the police request. The defence also produced DW2-Lal Singh and closed the defence evidence.