RAJU @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 07.11.2009 passed by the learned Additional Sessions Judge, Rewari convicting the appellant for an offence under Section 302 Indian Penal Code (for short 'IPC') and the order dated 10.11.2009 sentencing the appellant to undergo life imprisonment and to pay a fine of L 5000/-. In default of payment of fine, the appellant was ordered to further undergo rigorous imprisonment for a period of one year.

(2.) The prosecution case was initiated on the statement of Ravi Shankar son of Makhan Lal, brother of deceased- Subhash @ Tunnu, made to Om Parkash, SHO, Police Station Rampura at about 10.20 AM, on the basis of which a ruqa was sent to police station. An FIR Ex.PE/2 was lodged.at 10:30 AM on the basis of said ruqa. He has, inter alia, stated that his brother Subhash @ Tunnu used to do shoe-making work and was a habitual drinker. On 09.10.2008 at about 09:30 PM he was sitting in the retail shop of Anil in Kuthbanda basti when his nephews Parmod son of Ashok and Prakash son of Lal Chand were seen with his brother Subhash, who was under the influence of liquor. His nephews went to their respective houses after leaving his brother to his house. He saw his brother crossing Kuthbanda basti going towards the retail shop of Hardass. He reached retail shop of Hardass, when he was sitting on the shop of Anil. After some time, he reached home. Next morning, when he got up at 7:00 AM, then his neighbourers told him that his elder brother Tunnu @ Subhash is lying dead in the vacant plot of Ghoriwala, Kuthbanda basti. He reached the site along with the villagers. He found the dead body of his brother with face towards the ground on the vacant plot of Ghoriwala. He was not wearing any trousers and his underwear was down in the legs. There were blood stains on the head. Blood stained trousers of Tunnu @ Subhash was found in the bushes about 100 yards from the dead body. He expressed doubt that his brother had been killed for unknown reasons.

(3.) The Investigating Officer Om Parkash, SHO (PW-14) stated that he took in possession blood stained earth, blood stained brick and trousers. The proceedings under Section 174 of the Code of Criminal Procedure (for short 'Cr.P.C.') were conducted. The postmortem examination was also got conducted. It was on 13.10.2008, Mohar Singh, Panch of village Rampura, produced the appellant before him. He recorded the statement of Mohar Singh and took accused to General Hospital Rewari for his medical examination. The accused suffered a disclosure statement.Ex.PO and got recov- ered T-shirt Ex.MO4 which was taken in possession. The accused also got demarcated the place of occurrence. He also prepared scaled site plan of the place of occurrence Ex.PG. On completion of investigations, he submitted his report under Section 173 Cr.P.C.