SANJAY AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this appeal, appellants have challenged the judgment/ order dated 19.9.2008/ 20.9.2008 passed by the trial Court, whereby they were convicted and sentenced for commission of offence punishable under Section 302/ 34 of the Indian Penal Code, 1860 (IPC for short) .

(2.) Assistant Sub Inspector Raj Kumar, police station Samalkha recorded the statement of complainant Ram Prasad on 26.9.1996 . Complainant stated that Munshi was his brother. Wife of Munshi had expired and he had two children i.e. one daughter aged 13 years and one son aged 11 years. Munshi was an agriculturist and had money dealings with the appellants. On 25.9.2006, at about 5.00 P.M., a dispute arose between the appellants and their mother Munder and sister Manju on the one side and his brother Munshi on the other side with regard to the said money matter. Mamo, wife of Jwala (sister-in-law of complainant), and Rajesh had intervened and separated them. At that time, Munshi was at his residence. Munshi used to consume liquor. On 26.9.2006 at about 3.00 P.M., when the complainant returned back from his fields, he came to know that his brother was lying dead in the room in his house. Complainant informed the police in this regard. He further stated that it appeared that his brother had died due to consumption of liquor or some poisonous substance.

(3.) On the basis of the statement of the complainant, police officials visited the spot and the dead body of Munshi was sent for postmortem examination. The doctors, who had conducted the postmortem examination on the dead body of the deceased, opined that the death had occurred as a result of haemorrhage and shock due to head injury and testicular injury. However, the viscera of the deceased was sent for chemical examination to rule out the possibility that the death had occurred due to poison. The postmortem examination of the deceased was conducted on 27.9.2006. Thereafter, FIR No.365 dated 29.9.2006 was registered by the police of police Station Samalkha at 3.40 P.M.