RISHI THAPA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Rishi Thapa assailed the judgment of conviction dated 03.10.2009 rendered by the then Sessions Judge, Gurgaon, whereby appellant was sentenced to imprisonment for life and fine of Rs.5,000/- with default clause under Section 302 IPC for committing murder of his master (employer) Shiv Dutt. Complaint Ex.PA was lodged by Yogender Mohan, son-in-law of deceased. Deceased was retired Wing Commander from Air Force. He retired in the year 1982 and started living in H. No. M-3/53, DLF Phase-II, Gurgaon since May, 2001. He had been living alone since 2007 as his wife had died in January, 2007. He employed appellant as servant on 23.03.2007. As per complainant, on 11.02.2008 at about 6.00 PM, his wife Rashmi, who is daughter of deceased, had a talk with her father on telephone. He was alright at that time. The following day, at about 11.00 AM, she tried to talk to her father on his mobile No. 9810941110. But the phone was found switched off. His landline phone was found engaged each time. She informed complainant in this regard and thereafter both of them rushed to the house of deceased and found the house locked. They opened the door with duplicate key and found Shiv Dutt lying dead in the bed room on the bed. There was lot of blood in the room. Blood line there was also showing dragging of dead body of the deceased from one room to the another room upto the bed. His bed was covered with a blanket. He was having two injuries on the head and one on forehead. One blood stained iron pipe was also found lying in the room. One letter in which appellant Rishi Thapa had confessed the killing of Shiv Dutt was also found lying in the drawing room.

(2.) On the basis of statement of complainant, case was registered. Investigations were conducted. From the spot, police taken into possession blood stained cloth piece Ex. P4, iron pipe Ex. P1, pillow Ex. P2, diary Ex. P3, vide memo Ex. PB. On 13.02.2008, the appellant was arrested. The appellant made disclosure statement Ex. PL; in pursuance with which he led the police party to Sikandarpur Border and got recovered from there mobile phone Ex. P41, Camera Ex. P42 and blood stained T-shirt Ex. P43 which were taken into police possession, vide Ex. PL/1. Cause of death was reported by Dr. Alka Singh, PW-12, due to head injury which was sufficient to cause death in natural course of nature. Police moved application Ex. PR before learned JMIC, Gurgaon for obtaining specimen handwriting of the appellant for comparison by sending the same to the handwriting expert but he refused to give the same by making statement Ex. PR/1. After completion of necessary investigations, appellant was challaned in this case.

(3.) The appellant was charge-sheeted for committing offence punishable under Section 302 IPC. To which he did not plead guilty but claimed trial. After taking entire prosecution evidence, statement of appellant under Section 313 Cr.P.C. was recorded wherein the defence taken by the appellant is this that he has been falsely implicated in this case. We have heard Mr. Bijender Dhankar, Advocate, counsel for the appellant and Mr. Rajesh Gaur, Additional Advocate General for the State of Haryana besides appraising the entire evidence and material coming on record.