MITHAI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal emanates from the judgment of conviction and order of sentence dated February 02, 2009, whereby, appellant was convicted for the offences under Sections 302 and 201 of Indian Penal Code (for short "IPC") and was sentenced to undergo imprisonment for life with fine of Rs. 500/- and in default, thereof, to further undergo RI for one year for an offence under Section 302 IPC and to undergo RI for five years for an offence under Section 201 IPC. The substantive sentences were ordered to run concurrently and period of detention already undergone by convict was ordered to be set off from his substantive sentence of imprisonment. In nutshell, the case of prosecution is that on April 16, 2007, upon receipt of telephonic information that an unidentified dead body was lying in the bushes near railway line going from Hisar to Rewari between Swastic and Mittal Pipe Factories, SHO Police Station, GRP Hisar accompanied by other police officials visited the said place and found a dead body of an unidentified person, aged about 35/36 years. In the meantime, Deepak Kumar accompanied by Om Parkash also reached there, after coming to know the factum of dead body of an unidentified person lying there through a newspaper. He as well as Om Parkash identified the dead body to be that of Brij Kishore, father of Deepak Kumar. Accordingly, inquest proceedings were conducted by SHO. At that time, it was also unfolded by Deepak Kumar son of Brij Kishore-deceased that on April 14, 2007 at about 1.00/2.00 PM, one unknown person came to his house and enquired about his father, who asked him to send his father at a hotel located in front of Jindal Strips; but he forgot to tell this fact to his father as he himself returned late to house at about 10.00 P.M. On the next day, same person re-visited his house and enquired as to why he has not sent his father last day. At that time, he asserted that he would be available in the same hotel/dhaba during 8.00 P.M. to 10.00 P.M. and he must send his father there. Thereafter, his father went to the above-said hotel/dhaba on his auto rickshaw at about 5.00 P.M. but did not return. Then, he enquired at his own level about the whereabouts of his father and found that his father's auto rickshaw was lying parked in front of a tea shop. Even on the next day, his father did not return and ultimately he alongwith his uncle Sajjan Kumar and Umesh brought the abandoned three wheeler to his house, when he identified the dead body of his father, both the hands of his father were tied with his trouser, whereas, the string of underwear and shirt were found tied over his neck. He suspected that the murder of his father might have been committed by the person who came to his house prior to the incident along with some other persons. On the basis of statement of Deepak Kumar, FIR was registered and investigation was put into motion.

(2.) On June 24, 2007, Bishan Kumar @ Bishnu, Ex. Municipal Commissioner produced Mithai Lal before SHO and revealed that accused-Mithai Lal suffered an extra judicial confession to the effect that he along with his three companions committed murder of Brij Kishore and threw his dead body in the bushes. He also requested to produce him before the police. It was further disclosed by him that reason behind the murder of Brij Kishore was that he was not making the payment of Rs. 36,000/- i.e. sale consideration of shuttering plates, which were stolen by them from the bridge (under construction). The investigating officer recorded the statement of Bishan Kumar in this regard besides the statements of Kamla wife of the deceased, Om Parkash, Sajjan Kumar, Brij Bhushan, Project Manager and Jagdish, owner of dhaba, under Section 161 of the Code of Criminal Procedure (for short "Cr.P.C). He also prepared rough site plan of the place of occurrence. After preparation of inquest report in respect of the corpse of the deceased Ex. P2, he deputed HC Narender Kumar and despatched the dead body to PGI, Rohtak for getting conducted autopsy.

(3.) After completion of investigation and other formalities, report under Section 173 Cr.P.C. was presented in the Court of learned Jurisdictional Magistrate. Since an offence under Section 302 IPC was exclusively triable by the court of Sessions, it was committed under Section 209 Cr.P.C after having complied with the provisions contained in Section 207 Cr.P.C vide order dated September 18, 2007.