CHANDROOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred by the appellants challenging their conviction and sentence imposed vide impugned judgment dated March 11, 2002 and order of sentence dated March 14, 2002 passed in case bearing FIR No.112 dated May 1, 2000, under Sections 302/34 IPC Police Station Sadar Rohtak whereby they have been sentenced to undergo imprisonment for life and to pay a fine to the tune of Rs.500/- each and in default of payment of fine to further under go rigorous imprisonment for one month.

(2.) Briefly stated, the case of the prosecution as unfolded by Daya Chand (deceased) is that on April 25, 2000 at 6/7:00 p.m., he was going to Sehaj Ram for hiring his services for thrashing crop but he was intercepted on his way by appellant/Chandroop. He took him in his grip and called his sons there. In the meanwhile, Parveen @ Tillu and Dinesh both armed with 'Jailies' came there. Parveen @ Tillu dealt a Jaili blow thrust wise on his chest and Dinesh @ Nanha inflicted a Jaili blow on his back. They also caused other injuries. He raised alarm which attracted Partap Singh and Naresh to the spot who were going with their cattle to the pond. On seeing them, Chandroop and his sons fled from the spot. He was rushed to PGIMS, Rohtak in a three-wheeler by Partap Singh and Naresh. Prior to that on April 17, 2000, Kale son of Daya Chand had an altercation with Ashok s/o Chandroop. The matter could not be compromised and proceedings under Section 107/151 Cr.P.C. were initiated against him and Kale. On receipt of information regarding admission of Daya Chand in PGIMS, Rohtak at Police Station Sadar Rohtak, HC Satpal Singh reached there. After collecting a copy of MLR and other information, he sought opinion with regard to the fitness of Daya Chand to make statement from the concerned medical officer and when he was declared fit to make statement, he recorded statement of Daya Chand. Since no cognizable offence was made out, HC Satpal Singh got registered DDR No.16 dated April 26, 2000. At the time of medico-legal examination of Daya Chand, Dr. Raman Gupta kept the injuries under observation. Daya Chand was discharged on April 30, 2000 and returned to his house. However, he felt pain in his chest on the same day in the evening and was rushed to PGIMS, Rohtak where he was declared as brought dead.

(3.) On receipt of an intimation regarding his death, SI/SHO Jagpal Singh registered the FIR No.112 dated May 1, 2000 under Section 302/34 IPC. Then, he visited PGIMS, Rohtak and conducted inquest proceedings in respect of dead body of Daya Chand. He also recorded statements of witnesses with regard to the identification of dead body; visited the spot; prepared rough site plan of place of occurrence; recorded statements of Partap Singh, Naresh and constable Satyawan under Section 161 Cr.P.C and deputed constable Satyawan for getting conducted autopsy on the dead body of Daya Chand. After getting the needful done, he produced a sealed parcel containing Dhoti of the deceased, besides, the post mortem report and other papers before SHO. During investigation of this case, SI/SHO Jagpal Singh arrested the accused on May 4, 2000. They were subjected to interrogation. Tillu @ Parveen during his interrogation suffered a disclosure statement to the effect that he has kept concealed Jaili having single prong in the room meant for parking of tractor. His statement was recorded to this effect which was signed by him and attested by Satdev Singh. Similarly, when Dinesh @ Nanha was subjected to interrogation, he also made disclosure statement that he has kept concealed a Jaili double pronged in the room earlier pointed out by Tillu @ Parveen. His statement was also put into black and white which was signed by him and witnessed by Satdev Singh. Then, both the accused while in custody got recovered Jailies in pursuance of their disclosure statements. After preparation of sketches of both Jailies, these were converted into separate parcels and were sealed by Investigating Officer. He also prepared site plan of the place of recovery of the aforesaid Jailies. Thereafter, parcels containing Jailies were taken into possession vide separate memos. Statements of witnesses were also recorded in this regard. He also got prepared a scaled site plan of the place of occurrence from constable Sumit Kumar on June 22, 2000.