RAJENDER SINGH @ RAJU Vs. JAI PARKASH

JUDGEMENT

(1.) APPELLANT Rajender Singh @ Raju is aggrieved of acquittal of respondents No. 1 to 3 vide judgment dated 29.05.2014 passed by learned Additional Sessions Judge, Narnaul. Hence, the present appeal.

(2.) BRIEF facts of the case are that one Mahiraj lodged DDR No. 7 dated 18.03.2008 at Police Station Mahendergarh to the effect that they are four brothers, two of whom i.e. Piru and Raghbir are unmarried. His brother Raghbir was found dead in the morning of 18.03.2008. Post mortem was conducted to find out the cause of death. Proceedings under Section 174 Cr.P.C. were initiated. As per Post Mortem Report (Ex. PW8/A), cause of death was asphyxia due to strangulation. Strangulation was ante mortem in nature.

(3.) THEREAFTER statement of appellant Rajender Singh was recorded to the effect that deceased Raghbir Singh was his maternal grand mother's brother. They were all together in the evening on 17.03.2008. Meals were taken at night. Raghbir was left at his house and Rajender returned to his residence. At about midnight, Rajender came out of his house to urinate, dogs were barking near Raghbir's house. When he reached there, he saw two persons running in the street but he went back to his house and fell asleep. Next morning, he was busy looking after his animals. At about 7.30 a.m. he sent his son Surender for milking Raghbir's buffaloes. Surender informed that the main gate was bolted from inside and Raghbir had not woken up. He went to Raghbir's house to inquire. On finding the door bolted from inside he called a number of times but on receiving no response he jumped the gate and went inside. Raghbir Singh was found lying dead. He returned to his residence and informed his daughter and wife. They went to the Sarpanch to inform. He had a suspicion that Pawan and Munim have killed Raghbir Singh. On the basis of this complaint, FIR No. 97 dated 18.03.2008 was registered under Sections 302/34 IPC. Accused Jai Parkash, Munim, Shakuntla and Mithlesh were arrested. Pawan was found innocent during investigation. Challan/report under Section 173 Cr.P.C. was presented. All the four accused were discharged by the trial Court on 31.07.2008. Said order of discharge was set aside by this Court in CRR No. 3075 of 2009 on 16.01.2014. Accordingly, the accused were proceeded against. One of the accused Munim died in the interregnum and proceedings were dropped qua him. Nine witnesses were examined by the prosecution to prove its case. Statement of the accused was recorded under Section 313 Cr.P.C. wherein they pleaded false implication. All pleaded that they have been falsely implicated by Rajender Singh to grab the property of Raghbir Singh.