SAVIN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals are directed against the judgment dated 31.03.2010 rendered by learned Additional Sessions Judge, Rohtak whereby both the appellants -accused were convicted for committing offence punishable under Sec. 302/34 IPC. Vide order dated 09.04.2010, each one of them is sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - for the commission of aforesaid offence; in default of payment of fine, to undergo rigorous imprisonment for one year.

(2.) Brief facts of the case are like this; that on 02.07.2007, on receipt of VT message from the Control Room to the effect that in village Gandhra, in the house of Sansar singh, some unknown persons had caused injuries to his family members. On this information, SI/SHO Virender Singh reached village Gandhra along with other police officials. Before leaving for the village, he sent VT for summoning of Dog Squad, Photographer and FSL team. Sansar Singh met him at the spot and his statement was recorded as Ex. P -13 to the effect that he has a son and two daughters. Daughters are married. His son Sunil was serving in Delhi Police. For the last three days, he was at home. On 01.07.2007 at about 9.30 PM after taking meals, they all had gone to sleep. Sansar Singh along with his granddaughter namely Mahi went to sleep in plot. At about 11.00 PM, light went off. His grand -daughter started weaping as she was feeling hot. So he left her with his wife Sheela. Sunil, his son, his wife Asha and their son Mayank were sleeping in their room. He came back in the plot.

(3.) On 02.07.2007 at about 5.30 AM, Santosh wife of his brother Dilbag woke him up and told that there was blood on the stair -case of the room of Sunil. When they reached there, they saw that the main gate of the house was closed. He opened the door and saw that his wife Sheela, smeared with blood, was lying dead on the ground. He saw in the room of Sunil and also found him lying on the ground smeared with blood in unconscious condition. His grandson Mayank was standing in the room. He raised alarm. On hearing his shouts, Jaswant Singh, Randhir Singh and Kishan arrived at the spot. Sunil and his wife Asha were taken to PGIMS, Rohtak for treatment. As per complainant, the incident had taken place at 2/2.30 AM (at night). Nursing grudge by some unknown persons (assailants) have entered forcibly in the house at night and caused injuries with sharp -edged weapons to his wife Sheela and son Sunil and daughter -in -law Asha. As a result of injuries, his wife Sheela has died whereas Sunil and Asha were got admitted in the hospital for treatment. This statement was sent to the Police Station for registration of the case whereupon formal FIR, Ex. P -29, was recorded. Photographs of the spot, Ex. P1 to Ex. P -6, were obtained and the same were taken into police possession, vide Ex. P -22. Blood stained earth with the help of cotton was lifted from the room where the dead body of Sheela was lying. Some pieces of broken bangles and piece of pillow cover and curtain with blood stains were also taken into police possession. From the inner room also, blood stained earth with the help of cotton was lifted. All the aforesaid articles were converted into sealed parcels with the seal of 'VS' and taken into police possession, vide memo Ex. P -20. Rough site plan of the spot was prepared. Statements of witnesses were recorded. Inquest proceedings were completed. Thereafter, a message was received regarding the death of Sunil. Inquest proceedings were completed which is Ex. P -33. Thereafter, the dead body of Sunil was sent for post -mortem examination. PW -13 Dr. Naresh Dahiya, who conducted the post -mortem examination of Sunil Ex. P -33 and that of Sheela Ex. P -36, gave the cause of death as due to shock and hemorrhage due to multiple stab injuries. On reaching the village, inquiries were made. Statements of Sansar Singh and Dharam Pal were recorded under Sec. 161 Cr.P.C. After post -mortem examination of Sheela and Sunil, their clothes in sealed parcel were handed over to Inspector Virender Singh and the same were taken into police possession, vide memo Ex. P -24. The same were deposited with MMHC of police station with seal intact.