VINOD KUMAR AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case of the prosecution is that on 24.04.2004, at about 02:30 / 02:45 p.m, Kuldeep Singh (deceased), brother of Ishwar Singh, complainant was coming to his house from his 'gher', being followed by his brothers Ishwar Singh and Sushil at a distance of a half killa. When Kuldeep Singh (deceased) reached near the house of Vinod Kumar (appellant no.1) in street located in village Nidana, all the appellants emerged out of their house. Moti Devi (appellant no.3) mother of appellant no.1 caught hold of Kuldeep Singh (deceased) from his right arm, while Sumitra Devi (appellant no.2) sister of appellant no.1 and daughter of appellant no.3 caught hold of him from his left arm. Vinod Kumar (appellant no.1) said that a lesson be taught to Kuldeep Singh (deceased) for giving him beatings on earlier occasion. Thereupon, Vinod Kumar (appellant no.1), who was carrying a knife like pointed weapon gave a blow, thereof, in the abdomen of Kuldeep Singh (deceased). He, yet, gave second blow on the chest and third on the head near left ear of Kuldeep Singh (deceased), who sequelly fell down on the ground. Both Ishwar Singh and Sushil raised hue and cries. They also tried to catch hold of the appellants, but they escaped. Vinod Kumar (appellant no.1) also took away the weapon of crime with him. Both Ishwar Singh and Sushil arranged a vehicle and brought Kuldeep Singh (deceased) in an unconscious condition to Civil Hospital, Jind, where doctor declared him dead. Motive for the occurrence was that about six months ago, Vinod Kumar (appellant no.1) misbehaved with the daughter of uncle of Kuldeep Singh (deceased) and the latter had beaten the former.

(2.) The aforementioned statement Ex.PF of Ishwar Singh complainant was recorded by Azad Singh, ASI (PW10) at General Hospital, Jind, where he had reached alongwith other police officials on 24.04.2004 after receiving a telephonic call from police station Jullana about the death of Kuldeep Singh son of Deep Singh, resident of village Nidana, Tehsil and District Jind. Ruqa Ex.PL was also received in the police station regarding death of Kuldeep Singh (deceased). Statement Ex.PF was read over and explained to Ishwar Singh complainant, who signed the same in token of its correctness. Later, Azad singh, ASI made endorsement Ex.PF/1 on the statement Ex.PF and sent the same to police station through Constable Sarwan Kumar for registration of the case. FIR Ex.PD was registered in police station Jullana. Azad Singh, ASI also prepared inquest report Ex.PJ on the corpse of Kuldeep Singh. He also moved an application Ex.PI for getting conducted autopsy on the corpse of Kuldeep Singh (deceased). He also recorded the statements of Sushil Kumar and Rajinder Singh Pws.

(3.) Rohtash Singh, SI/SHO came to hospital and took over the investigation. Autopsy on the corpse of Kuldeep Singh (deceased) was conducted on 25.04.2004. After the autopsy, medical officer handed over a sealed parcel containing clothes of deceased to Azad Singh, ASI who seized that parcel vide memo Ex.PE. On return to police station, Azad Singh, ASI deposited the parcel with MHC in the police station in an intact condition.