SHIV KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Shiv Kumar and Deepak have preferred the present appeal against the judgment of conviction dated 23.10.2010 and order of sentence dated 29.10.2010, passed by Addl. Sessions Judge, Jhajjar, vide which they have been held guilty for the commission of offence punishable under Section 302 IPC and accordingly convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- each and in default of payment of fine to further undergo rigorous imprisonment for one year each. However, accused Manohar Lal, Narmada and Munesh have been acquitted.

(2.) Brief facts of the present case are that FIR in the present case has been registered on the statement (Ex.P1) of Pardeep which was recorded by ASI Ombir, Incharge, Police Post Sasrauli on 14.08.2005 at 10:00 a.m. Complainant Pardeep, in his statement, stated that his sister Savita was married with Ved Parkash son of Manohar Lal fourteen years ago. Ved Parkash, brother-in-law of complainant, alongwith his family used to reside near Mondwala pond in a 'chhappar' (hut) near the tubewell in the field of Sukhbir. Ved Parkash took the said field on lease from Sukhbir. His sister Savita had four daughters namely Mukesh, Sarita, Krishna and Naveen, who were living with her in the field and one son Neeraj, who was residing in the house of complainant and studying there. Complainant further stated that his brother-in-law Ved Parkash had some dispute with his brother Shiv Kumar, parents Manohar Lal and Narmada and Munesh, wife of Shiv Kumar regarding partition of family property from the last many days. Earlier also, the quarrel had taken place between them many times regarding improper partition of property. Due to this enmity, complainant used to keep his nephew Neeraj with him. Complainant stated that on 14.08.2005 at about 7:00 a.m., they received a telephonic message that Shiv Kumar and his family members picked up a quarrel with his sister and brother-inlaw. Accordingly, complainant reached to the tubewell at Village Sasrauli. There he saw number of persons gathered and the dead body of his brother-in-law lying near the path having sharp edged injuries on his stomach, neck and back and dead body of his sister Savita lying on a cot having some portion on the cot and her head on the ground having injuries on her neck, chest and both hands by sharp edged weapon. Niece of the complainant namely Mukesh, who was weeping, told him that after midnight, she heard the shrieks of her parents. She saw that her uncle Shiv Kumar and other 3-4 persons causing injuries to her mother and father with the help of 'farsas'. After killing them, her uncle Shiv Kumar told her and her sister to ignore about the happening and to go to the tubewell and left the place of occurrence. On hearing their noise, Ashok @ Kala, who was sleeping in the 'kotha' nearby the tubewell came there and then went to village to inform about the incident. Complainant stated that his sister Savita and brother-in-law Ved Parkash were murdered by accused Shiv Kumar, Munesh, Manohar Lal and Narmada alongwith other accused by giving injuries with sharp edged weapons after hatching a conspiracy with each other. After leaving other persons near the dead bodies, when complainant was going to police station to report the matter, police party met him on the way and he got recorded his statement. Ruqa was sent to the police station on the basis of which FIR was registered. Thereafter, Sub Inspector Ombir, Investigating Officer, alongwith other police officials and complainant reached the place of occurrence where dead bodies of Savita and Ved Parkash were lying. Photographer was called, who clicked the photographs of the dead bodies and spot. Inquest reports of the dead bodies were prepared. Thereafter, dead bodies of Savita and Ved Parkash were sent for getting conducted postmortem examination. Blood stained earth was lifted from the place of occurrence and after converting it into sealed parcel, the same was taken into police possession vide memo Ex.P43. Rough site plan Ex.P61 of the place of occurrence was prepared. On 29.08.2005, accused Shiv Kumar was arrested. On 31.08.2005, on interrogation, he suffered disclosure statement regarding concealing of weapon of offence i.e. 'farsas' and blood stained clothes which he was wearing at the time of commission of crime and in pursuance thereof he got recovered the same. Sketch of 'farsas', was prepared and after converting 'farsas' and blood stained clothes into separate sealed parcels, the same were taken into police possession vide memo Ex.P47. Accused Deepak was arrested on 05.09.2005. On 08.09.2005, on interrogation, he suffered disclosure statement regarding concealing of 'farsa' and blood stained clothes, which he was wearing at the time of occurrence and in pursuance thereof he got recovered the same. Sketch of 'farsa' was prepared and after converting 'farsas' and blood stained clothes into separate sealed parcels, the same were taken into police possession vide memo Ex.P52. Statements of witnesses were recorded. On completion of investigation, challan against accused Shiv Kumar, Manohar Lal, Narmada and Deepak was presented before the Court.

(3.) On presentation of challan, copies of challan and other documents were supplied to accused Shiv Kumar, Manohar Lal, Narmada and Deepak under Section 207 Cr.P.C. Finding a prima facie case against aforesaid accused, accused Shiv Kumar was charge sheeted for the offence punishable under Section 302 read with Section 34 IPC and accused Manohar Lal, Narmada and Deepak were charge-sheeted for the offence punishable under Section 302 read with Section 120-B IPC to which they pleaded not guilty and claimed trial.