RAVINDER AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Both these matters i.e. Crl. Appeal No.885-DB of 2008 by the convict-appellants as well as Crl. Revision No.189 of 2009, preferred by the complainant having arisen out of the same very judgment and order of sentence dated 10.11.2008/15.11.2008 passed by the Court of learned Additional Sessions Judge, Gurgaon in case bearing FIR No.143 dated 17.08.2006 under Sections 302/201/149/34 IPC, Police Station Pataudi being an outcome of same very findings, are being disposed of by this common judgment.

(2.) The marriage between Sanjay Kumar aged around 32-33 years (now deceased) employed in the Indian Navy and appellant accused Suman, took place on 18.02.1999 out of which a son named Lakshay was born to the couple. On account of certain matrimonial wrangling, Suman (also referred as Suman Devi) had left her husband on the pretext that her maternal uncle was unwell and inspite of endeavours of the husband that they would go together after securing leave but the wife left Mumbai where they were residing for her parental house. Almost after 15 days, the husband intimated his family to bring back Suman as he was coming on leave but as per the allegations of complainant Dalip Singh father of the deceased, contained in his statement Exhibit PU, the wife refused and so her parents, on account of which, the complainant himself went to take back his daughter-in-law but all the accused refused and threatened that he should leave their house, else some mishap might happen and also threatened that in case Sanjay Kumar ever visited their house, he would not go back alive. It is alleged by the complainant that on 10.08.2006, deceased came on leave and on 16.08.2006, the deceased told his father that he was going to her in-laws house in village Haily Mandi to bring back his wife and son and inspite of warning by the father that earlier he had sent Harpal Singh Ex-Sarpanch to the house of the accused but they have declined and rather mis-behaved with him and after telling that being the son-in-law, accused would not harm him and went to the house of his in-laws at Haily Mandi around 3.30 P.M. and the same very evening around 8.30/9.00 P.M., Santosh mother of Suman made a telephonic call to the complainant as to why they had sent Sanjay Kumar and they should call him back, else might lead to an ugly situation. On 17.08.2006 around 9.30 A.M., Naresh PW-9 went to the house of the in-laws of the deceased to know the well being of Sanjay Kumar and on reaching, telephonically informed the complainant that he had found Sanjay Kumar dead lying in a park near Syndicate Bank adjoining water supply tube-well of village Haily Mandi. After the complainant and others rushed, they discovered bluish mark on the chest of the deceased with blood oozing out from his mouth and suspected that his son had been murdered after the accused have connived with each other. SI/SHO Bhagat Ram on receipt of telephonic information went to the place where the complainant met him and after recording his statement sent the ruqa Exhibit PU/1 through Constable Subhash Chander, leading to the registration of the FIR.

(3.) The Investigating Officer prepared inquest report Exhibit PS as well as rough site plans of the place of occurrence Exhibits PV, PV/1 where the dead body was found and where the occurrence has taken place respectively and recorded statements of the witnesses and handed over request for post-mortem Exhibit PR along with the dead body and police papers whereby Dr. Subhash Sindhu PW-8 conducted post-mortem examination and gave his report Exhibit PT as to the cause of death. Meanwhile, from near the dead body shoes, socks were recovered, which were sealed into parcel and from the pocket of the deceased, a mobile phone was got recovered, which all were taken into police possession through memo Exhibit PQ. Meanwhile, supplementary statement of the complainant Exhibit PR was got recorded and from the place of occurrence blood stained earth was taken into possession in a sealed parcel through memo Exhibit PP and after post-mortem examination of doctor, handed over the belongings of the dead body, which were taken into possession after preparing its parcel through memo Exhibit PO.