KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Krishan son of Suraj Mal, resident of village Purkhas, District Sonepat was tried in Sessions case No. 12 for offences under Sections 364, 392, 397 and 302 read with Section 34 I.P.C. Learned AddI. Sessions Judge, Sonepat vide judgment dated 1.10.1993, convicted the appellant on the afore said four counts and vide order of even date, sentenced him to rigorous imprisonment for three years and a fine of Rs. 50/- and in default of payment of fine, to further undergo RI for one month, on the first count, to rigorous imprisonment for three years and a fine of Rs. 100/- and in default of payment of fine to further undergo RI for two months on the second count, to rigorous imprisonment for seven years under third count and life imprisonment and a fine of Rs.500/- and in default of payment of fine to further undergo RI for two months on the fourth count. All the substantive sentences were directed to run concurrently.

(2.) The prosecution story as given out by Rajbir Singh PW 8 in his statement, Ex. PH made before SI Ram Phal PW 10 in Police Post, Israna on 15.9.1990 at 2.15 P.M. on the basis of which case was registered under formal FIR Ex. PH/I in Police Station Urlana District Panipat is as under: Satbir Singh accused in this case was the cousin brother of Rajbir Singh PW 8 and he had a Maruti Van, which he used to ply as Taxi at Taxi Stand, Panipat. Satbir Singh PW 9 was driver of the aforesaid maruti van employed by Satbir Singh deceased about a month prior to the presence occurrence. The name of the driver as also that of the deceased is Satbir Singh and the driver has been examined as PW 9. On 14.9.1990 at about 8 P.M. Rajbir Singh PW 8 and Hukum Chand, a, relation of the complainant, were sitting near Satbir Singh deceased at Taxi Stand, Panipat when Krishan (hereinafter the appellant) and Raj Singh accused (who nas been dcclared a proclaimed offender) who were known to the complainant, came there and hired the maruti van of the deceased for going to Neoltha and Mandi on payment of Rs. 100/-. Satbir Singh deceased sat on the front scat by the side of his drivcr Satbir Singh PW 9 whereas the appellant and accused Raj Singh occupied the rear scat of this van and they left towards Neoltha and Mandi while Rajwr Singh PW 8 and Hukum Chand returned to their village Siwah. Satbir Singh dcceased and Satbir Singh PW 9 did not return to village Siwah till the morning of 15.9.1990. As such, Rajbir Singh PW 8 and Htikam Chand went to Taxi Stand, Panipat to enquire about them but they could not get any information about their whereabouts. Accordingly, Rajbir Singh PW 8 and Htikam Chand went to Taxi Stand, Panipat to enquire about them but they could not get any information about their whereabouts. Accordingly, Rajbir Singh PW 8 and Hukum Chand started their search and in that connection, they visited various places like Dahar Neoltha, Balana, Palari and ultimately when they were I Km. from Mandi, they saw some dead body lying in the pits on the West of the road leading from Palari to Mandi. They went there and found the dead body to be that of Satbir Singh deceased, which was besmeared with blood. They also noticed some fire shot injury mark in the back of his left shoulder. They could not trace the maruti van or its driver Satbir Singh PW 9. They also found a wrist watch of HMT make missing from the wrist of the deceased. Leaving Hukum Chand PW near the dead body, Rajbir Singh PW 8 went to Police Post, Israna where he made his statement, Ex. PH wherein he expressed his doubt against the appellant and accused Raj Singh, both residents of village Purkhas for having murdered Satbir Singh deceased and taken the maruti van alongwith it driver. SI RamPhal PW 10 entered the contents of the statement, Ex. PH in the daily diary register of the Police Post and sent it to Police Station, Urlana where the case was registered under formal FIR Ex. PH/I for offences under Sections 302, 364, 394, 397 read with Section 34 IPC. The special report in this case was received by the Sub Divisional Judicial Magistrate, at Panipat on 15.9.1990 at 10 PM. On the basis of the statement, Ex. PH, made by Rajbir Singh PW 8, the investigation was started by the police. SI Ram Phal PW 10 accompanied Rajbir Singh PW 8 to the spot where the dead body of Satbir Singh was lying in the pits. He lifted blood stained earth from the two places at the spot and sealed and seized them under separate memos Ex. PQ and Ex. PR, attested by Dharam Bir and Ram Parkash. He also held inquest proceedings, Ex. PC, on the dead body of Satbir Singh deceased and sent it to the hospital for post mortem examination.

(3.) Dr. Mahesh Parkash PW 1 performed the post mortem examination on the dead body of Satbir Singh on 16.9.1990 at 8.30 AM vide post-mortem, copy proved as Ex. P A and observed as under: PUNJAB Page 3 of 6 Mouth and eyes were opened and bleeding from the nose and mouth was present, Maggots around the eye were present Rigor mortis was present in the lower limbs only. Abdomen was distended. Postmortem staining was present on dependent part Clotted blood was present on the clothes. This doctor noted the following injuries: There was an oval wound on the left side of back, 3 below the root of the neck and 1- 1/2 TI lateral on left side. It was 4 cms. transversely and 1.5 cms. longitudenally. The margins were inverted with blackish colouration around the margins present There was corresponding hole on the kameez. On probing, the wound was going medially, anteriorly and upward. Blood was coming out of the wound. On exploration, part of the corresponding rib at the wound level was fractured and upper part of the left lung was lacerated with a hole present. The part of the body of 4th thoriaic vertebrae was broken, on left side with gutter shape. Broken pieces of body of vertebrae were present in the lung tissue. Upper part of the right lung was badly lacerated with a hole anterior part of which was corresponding below the second rib anteriorly and a bullet was present below the second rib. Part of the second rib above the bullet was broken with exhymosis of the muscle around was present. There was blood on both sides of the pleural cavity and the trachea, was full of blood. The heart was empty on both sides. Blood in the oesophagus was present. There was curd milk with blood in the stomach. Liver, spleen and kidneys were pale and small amount of urine was present in the bladder. Rest of the organs were healthy. In the opinion of the doctor, the cause of death was due to injury to the vital organ i.e. lung, leading to haemorrhage, shock and death. All the injuries were ante mortem and sufficient to cause death. The time between injuries and death was within few minutes while between death and post mortem, it was stated to be 12 to 48 hours.