RAJU ALIAS RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 12.10.1996 of the Sessions Judge, Rohtak whereby he convicted Raju alias Raj Kumar under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.200/ -, in default of payment of fine, to further undergo R.I. for one year. He further convicted Babita wife of Raju alias Raj Kumar under Sections 302/34 I.P.C. and sentenced her to undergo imprisonment for life and to pay a fine of Rs.200/ - I.P.C. and in default of payment of fine, to undergo R.I. for six months.

(2.) CASE of the prosecution is unfolded by the statement given by PW -6 Om Parkash son of Sant Lal to SI Randhir Singh in Police Station City, Rohtak. He stated that he is an inhabitant of Dehri Mohalla, Rohtak and works in a clothe shop. His nephew Pappu alias Rakesh son of Chiman Lal was married to Babita daughter of Birbal in the year 1987. Out of this wedlock, Rakesh had three children, two boys and one girl. Babita started having illicit relations with Raju son of Som Nath who also lived in the same mohalla. Complainant tried to explain to Raju and Babita not to carry on with this relationship, but they did not desist. On 8.7.1985, complainant Om Parkash (PW -6) along with his elder brother Hans Raj went to the house of his nephew Rakesh, where - they saw Rani inflicting injuries on Rakesh with a hockey stick and Babita was giving him slaps and fist blows. Rakesh was crying. The blows inflicted by Raju hit on the head and other parte of the body of Rakesh. Om Parkash and Hans Raj intervened. The children of Rakesh were weeping, but out of fear they did not speak. Raju then went away taking his hockey along. Gagan son of Rakesh told Om Parkash that Raju was on visiting terms during day and night to their house. Babita then asked them to leave the house saying that it was their personal matter. Complainant Om Parkash and Hans Raj returned to their house. On 9.7.1995, Om Parkash went to enquire about the health of Rakesh. Rakesh was lying on a sofa in an unconscious condition. He had vomited and urinated though the injuries on his person were not visible. Om Parkash asked Gagan as to where his mother was. He stated that his mother and Raju had gone somewhere. Om Parkash then took Rakesh to the Medical College Hospital, Rohtak for treatment. Matter was not reported to the police as Om Parkash feared that he may be blamed for nothing. Rakesh died in me Medical College Hospital, Rohtak on 11.7.1995. Statement of Om Parkash was recorded on 11.7.1995 at 4p.m. by SI Randhir Singh.

(3.) LEARNED counsel for the appellants has argued that there is an unexplained delay of 3 days in lodging of the F.I.R. Occurrence had taken place on 8.7.1995 in the evening. Statement of Om Parkash (PW -6) was recorded on 11.7.1995 at 4 p.m. after the death of Rakesh. Though Rakesh deceased was the nephew of complainant Om Parkash (PW -6), but he did not show any urgency to report the matter to the police, PW -6 Om Parkash (PW -6), but he did not show any urgency to report the matter to the police, P W -6 Om Parkash was not stranger to the family and if he had seen the injuries being inflicted on Rakesh his nephew, he would have, in the natural course of events, gone to the police to inform them. Occurrence had not taken place in some remote area that the matter could not be reported, but in the town of Rohtak. The special report reached the Illaqa Magistrate on 11.7.1995 at 7.10 p.m.