SATPAL @ DALBIR @ DAALBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Satpal @ Dalbir @ Daalbir , the appellant has filed this appeal against the judgment and order dated 27.09.2003/29.09.2003 whereby he has been convicted for an offence punishable under Sections 302 and 324 IPC and sentenced to undergo imprisonment of life and to a pay of fine of Rs. 1,000/- for committing offence under Section 302 IPC. In default of payment of fine, he shall further undergo RI for a period of two months. For committing offence punishable under Section 324 IPC, he has been sentenced to imprisonment for a period of two years.

(2.) The case of the prosecution is that on 01.06.2002 at about 5.00 A.M, Sub Inspector, Charan Singh (PW-12) of Police Post Rajendera Park Gurgaon was present at the said Police Post. He received information that one male and female, residents of Sheetla Colony, Gurgaon were admitted in General Hospital Gurgaon in an injured condition. On receipt of this information, he along with Head Constable Har Parshad, Constable Ram Kumar, Constable Rakesh Kumar, Constable Jai Bhagwan etc. went to General Hospital Gurgaon. On reaching there, he found that Ramesh injured had succumbed to his injuries. The injured lady had been referred to Safadarjang Hospital, Gurgaon and Doctor produced before him the MLR (Ex. PE), of the said lady. At the Hospital, SI Charan Singh, met Parma Nand (PW-7), who got recorded his statement (Ex. PG). In said statement, Parma Nand stated that he is resident of Paramanand Vihar, near Baita Station, Loni Border, Ghaziabad, U.P. and is presently residing at Rajiv Nagar, Gurgaon as a tenant and do labour. He stated that they are two brothers. Ramesh his younger brother is unmarried. His brother Ramesh is living with one woman named Radha @ Rajwanti in Mata Sheetla Colony as a tenant and his brother Ramesh and Radha have illicit relationship. Three days earlier, his brother-in-law (Sala) Dalip son of Ram Lakhan, who is living on Loni Border came to his house in Rajiv Nagar along with Satpal husband of said Radha. Satpal told him that his wife is living with Ramesh (brother of the complainant) and that he be taken to her. Thereupon complainant accompanied by his brother-in-law, Dalip took Satpal, accused to the house where Radha and Ramesh were living, in Mata Sheetla Colony. Dalip thereafter left for his home. Satpal remained in the company of his wife and Ramesh in Mata Sheetla Colony. Complainant- Paramanand stated that today morning, he received information that his brother Ramesh and Radha @ Rajwanti, who was living with him had been injured by Satpal, husband of Radha on account of the fact that Ramesh had illicit relation with Radha. As a result of the injury, Ramesh had died at Gurgaon Hospital and Radha had been shifted to Hospital. SI Charan Singh after recording the above statement, made his endorsement (Ex. PG/1) and sent it to Police Station through Head Constable Ram Kumar for registration of the case. Formal (Ex. PQ/2) was registered. SI Charan Singh, thereafter, carried out proceedings under Section 174 Cr.P.C. (Ex. PG/1). He sent the dead body of Ramesh for post-mortem examination. The dead body was identified by Gori Shanker, Paramanand and Shekh Munna. Photographer-Dinesh Kumar was called to the spot. He took photographs (Ex. P/1 to P/4). Thereafter, SI Charan Singh inspected the place of occurrence and prepared site plan (Ex. PG/4) and iron rod and blood lying at two places from the place of occurrence, were taken into possession vide memo (Ex. PH) and sealed them in three separate parcels.

(3.) On 04.06.2002 SI Charan Singh went to Safadarjang Hospital, New Delhi to record the statement of injured Radha. On getting opinion of Doctor (Ex. PJ/1) that she was in a fit condition to make her statement, he recorded her statement (Ex. DA). The sealed parcels were sent to Forensic Science Laboratory, Madhuban on 20.07.2002.