KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Kuldeep Singh has filed this appeal against the judgment and order dated 28.04.2009/04.05.2009 passed by learned Addl. Sessions Judge, Fast Track Court, Sonepat, vide which the accused -appellant was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and a fine of Rs. 5,000/ -, in default thereof to further undergo simple imprisonment for six months.

(2.) THE prosecution story as revealed from the statement of Sanjay Kumar (since deceased) (Ex.PN/2) shows that Sanjay Kumar (complainant) was admitted in PGIMS, Rohtak, on 19.04.2007. Doctor sent the intimation to the police. Then H.C. Sukhbir Singh arrived at PGIMS, Rohtak on 20.04.2007 and after obtaining the opinion of the doctor regarding the fitness of the injured, recorded the statement of Sanjay Kumar. He stated that they are six brothers and sisters. Four five years earlier his father had expired. For the last two years, he was working as cook in the dhaba in the name and style of 'Bhole Da Dhaba', situated on Gohana -Rohtak Road, which is at a distance of 1 Km. from village Rukhi towards Gohana. Accused Kuldeep Singh son of Zile Singh, caste Jat, resident of village Rukhi, is the owner of the said dhaba. On 18.04.2007 at about 2 o' clock (day time), he asked Kuldeep Singh (dhaba owner) that he had to go home and requested him to settle the accounts of his salary. Kuldeep Singh called him inside the barrack. Kuldeep Singh then picked up a plastic jug having some petrol and poured the same on his clothes from back side. Then Kuldeep Singh set ablaze his shirt with the matchstick with intention to kill him. He raised alarm 'Bachao - Bachao'. Then two or three workers, who were present in the dhaba came running. They took off his shirt and threw it away and he was saved. According to the complainant, he did not know the name of those workers, who rescued him but he could recognised them by face. He was given medicine and bandaged after calling a private doctor by the dhaba workers. He kept lying in the dhaba. Kuldeep Singh (dhaba owner) slipped away by leaving him in the dhaba. On 18.04.2007 night, he came to Rohtak in a vehicle. On 19.04.2007, he felt much pain. At about 11 o' clock on the same day, he was admitted in PGIMS, Rohtak. He became unconscious. He had burn injuries on the waist, chest and on the both hands. He had been set ablaze by sprinkling petrol with intention to kill him by Kuldeep Singh (dhaba owner) on demanding salary. H.C. Sukhbir Singh also recorded that as per doctor, there are 65% burn injury. On the bars of above statement, FIR No.56, dated 20.04.2007 was registered, under Section 307 IPC (Ex.PN/4).

(3.) ON 11.05.2007, Sanjay Kumar succumbed to injuries at PGIMS, Rohtak. The inquest report (Ex.PK) was prepared. Accused Kuldeep Singh was arrested on 13.05.2007. Accused suffered disclosure statement (Ex.PG), in which he stated that he had poured petrol on the clothes of his servant Sanjay Kumar Jha, which was kept in a jug, on demanding salary and then he set the clothes of Sanjay Kumar ablaze from the back side with match stick. The burnt shirt of Sanjay Kumar was put in the plastic jug which had been kept concealed by him underneath the straw in the third cardboard cabin after putting the same in plastic polythene. In pursuance to the statement, he got recovered the burnt shirt and plastic jug, which were taken into possession vide EX.PG/1. Accused also identified and got demarcated the place of occurrence regarding which memo Ex.PH was prepared.