ROHTASH AMI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) ROHTASH son of Ami Lal, Ram Niwas son of Basant Lal, Sat Pal son of Suraj Bhan, Dharambir son of Mahadev Prasad and Kalia alias Rajia alias Randhir son of Ram Niwas were charged and tried by learned Addl. Sessions Judge, Namauul vide F. I. R. No. 58 dated 17-2-1990 under Sections 302/201 read with Section 34, Indian Penal Code, on the allegation that on 16-7-1990 in furtherance of their common intention Rohtash and Ram Niwas had committed the murder of Indra son of Ami Lal and that Rohtash, Sat Pal, Dharambir and Kalia alias Randhir on the same day had burnt the dead body of Indraj knowing that he had been murdered, and thereby destroying the evidence against the culprits who had committed the murder and screeing them from legal punishment. The learned Additional Sessions Judge, Narnaul acquitted Sat Pal, Dharambir and Kalia alias Rajia alias Randhir whereas convicted Rohtash and Ram Niwas under Section 302 read with Section 34, Indian Penal Code and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. 3000/ - and in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) FEELING aggrieved against their conviction and sentence, Rohtash and Ram Niwas have come up in appeal.

(3.) IN brief, the facts of the prosecution case are that on 16-2-1990 Rampal and Subhash PWs residents of village Mundia Khera on their return journey from Narnaul dropped at village Dongra Aheer. After attending their work in that village, they proceeded to their native village Mundia Khera through Kacha path. When they reached near tubewell of Rohash at about 6. 00/6. 15 p. m. they were attracted by an alarm emanating from the side of that tube-well. They rushed to that place and found Rohtash accused, armed with bamboo dandas and Ram Niwas with Bankri, having fallen Indraj son of Ami Lal in front of the kothri of tubewell, were inflicting injuries on his person with their respective weapons. When these PWs intervened the accused stated that Indraj after consuming liquir had sold their entire land and ruined their reputation. Indraj became unconscious due to injuries. The two witnesses came to the village and informed Smt. Smarli, mother of Indraj deceased that Rohtash and Ram Niwas were giving beating to Indraj at the tubewell. Smt. Amarli replied that it was their family affair. Rampat PW came to know on 17-2-1990 that Indraj had succumbed to his injuries and that his dead body had been cremated. He tried to convene a panchayat but on the ground that it was a family affair among brothers, members of the brotherhood did not assemble. Then Rampat asked the Chowkidar to run across to the Police Station and lodge a report but he too declined for want of a writing from the panchayat. Thereafter Rampat proceeded to the Police Station in order to lodge a report but met Sub Inspector Shishpal Singh at Bus Stand Kanina. The said Sub Inspector recorded his statement Ex. PD at 4. 00 p. m. on 17-2-1990. Special report was delivered to the learned Ilaqa Magistrate at 6. 15 p. m. at Mohindergarh. The Sub Inspector after sending the ruqa to the Police Station, proceeded towards the spot. When the reached Bus Stand Mundia Khera, Sardara Chowkidar produced before him a 'panchayat Nama'. On reaching the spot, he caused photographs to be taken. He lifted blood stained earth from two places and collected blood stained plaster from the wall of the kothri. One fellow of brown canvas shoe of left foot Ex. P11 which was stained with blood, was also seized from the spot. He prepared rough site plan Ex. PH of the place of occurrence.