RAM DASS AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Ram Dass and Ram Dhan have preferred the present appeal against the judgment of conviction dated 07.06.2008 and order of sentence dated 10.06.2008, passed by the Sessions Judge, Jind, vide which they have been held guilty for the commission of offence punishable under Section 302 read with Section 34 IPC and accordingly convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year each. However, accused Rajinder and Jai Bhagwan have been acquitted.

(2.) Brief facts of the prosecution case are that on 15.08.2007, a telephonic call was received from Village Budha Khera that a boy and a girl were confined in the house of Ram Dhan and many other people were being gathered there. It was possible that they may be killed. On this information, Inspector Balwant Singh, SHO, Police Station Safidon, alongwith other police officials reached at the house of Ram Dhan in Village Budha Khera where Vinay Jain and Kulwant Singh, Pardhan met them and many other persons were also present there. The house was bolted from inside. When it was unbolted after entering from the top, it was seen that Manoj Kumar son of Vinay Jain and Renu, daughter of Ram Dhan, Brahman, were lying unconscious and a plastic rope was tied around their neck. The photographs at the spot were taken and after arranging the vehicle, both (Manoj and Renu) were brought to General Hospital, Jind for treatment where doctor declared Manoj Kumar dead and Renu was admitted in the hospital for treatment. Statement of Vinay Kumar was recorded on 15.08.2007 at about 6:00 p.m. in which he stated that his younger son Manoj Kumar was running a shop of grocery (Kiryana) in the house of Hoshiar Singh in Village Budha Khera on rent for about one and half years. Manoj Kumar used to come from home daily and returned back to home in the evening. On that day i.e. 15.08.2007, his son Manoj Kumar went to his shop at 7:00 a.m. as usual. The complainant gave a telephonic call to his son Manoj Kumar from Safidon at about 1:00 p.m. which was attended by someone else and on asking, he told his name as Jai Bhagwan Pandit and he inquired, who is talking. The complainant answered that he is father of Manoj Kumar and requested him to get his talk with Manoj. In reply, Jai Bhagwan said, "Seth Ji, come soon, they had tied his son and they shall kill him. In reply to his (complainant) query that why they were going to kill Manoj Kumar, Jai Bhagwan replied that it would be told on his arrival. Then the complainant reached Village Budha Khera in a car within 20 minutes.

(3.) Complainant also stated that he informed one Kulwant Pardhan, who is senior to him in Company, that his son had a quarrel at Village Budha Khera and asked him to reach there. When the complainant reached Village Budha Khera, he was not allowed to go to that place where his son was tied up. In the meantime Kulwant Pardhan also reached there. Thereafter, Ram Dhan, Ram Juwari, Subhash, Jai Bhagwan, Rama alias Ram Dass and Rajinder told them (complainant and Kulwant Pardhan) that his son is all right and let they first go to 'baithak' and have a talk. In the meantime, someone from the crowd informed that 'Seth Ji, both the boy and girl have been killed. After going inside the 'baithak', aforesaid persons directed the complainant to take the papers and write that he has no objection on killing his son and on his (complainant) refusal, aforesaid persons started beating his son and the girl with 'lathis' and 'dandas' in his presence until they became unconscious and tried to hang them on the fan by putting rope in their neck. In the meantime, police reached there and abovesaid persons fled away from the spot.