RAJIV NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 03/6/4/2005 passed by the Addl. Sessions Judge, Panipat.

(2.) The FIR was registered on 7/1/2003, the judgment of conviction and order of sentence passed by the Addl. Sessions Judge, Panipat is dated 03/6/4/2005, the appeal was filed on 12/7/2004 and the matter is being taken up for hearing now i.e. after a period of more than 23 years from the date of registration of the FIR.

(3.) The brief facts of the prosecution case are that on 7/1/2003, Sandeep Singh, SI, SHO, alongwith other police officials was present near Ganda Nala, Barsat Road, Panipat, in connection with the patrolling where complainant Prithvi Singh son of Joga Ram, Jat, resident of village Chandoli, District Panipat, met him at Ganda Nala of Barsat Road and got recorded his statement, Ex.PD to the effect that he was an agriculturist. There was a Dera and Mandir near his Fields. The said Dera was situated in three Bighas and 18 bighas of agricultural land which was fit for cultivation and was owned by the Dera. In the said Dera, Baba Shiv Nath and his disciple Maya Ram son of Sita Ram, Barber, of Khotpura, were residing. On 7/1/2003, at about 10.00 a.m. he had gone to his fields for roaming and when he went inside the Dera, he saw that Baba Shiv Nath and his disciple Maya Ram, both were lying dead on a cot in a room situated near the gate of the said Dera. Their faces were burnt with acid. Some unknown person had murdered them while sleeping in the night after sprinkling acid on account of some rivalry. The said room was not having any door. Thereafter he informed Devi Singh, brother of the Sarpanch of the village and other villagers. Many persons were present at the spot. He and Devi Singh were going to report the matter when the police met them near Ganda Nala bridge and he (complainant) got recorded his statement. SI Sandeep Singh then made his endorsement, Ex.PD/2 on the said statement and sent the same to the police Station, on the basis of which formal FIR Ex.PD/1 was recorded. The SI visited the spot, got the place photographed, prepared inquest proceedings Ex.PJ and Ex.PJ/1 on both the dead bodies and sent the same to the Civil Hospital, Panipat for postmortem examination by moving application, Ex.PK, Dr. K.L. Chopra alongwith Dr. Lata Sangwan conducted postmortem examination on both the dead bodies of Maya Ram and Shiv Nath, vide PMR, Ex. PA and Ex.PB, respectively. They opined that the cause of death in case of Maya Ram, in their opinion was due to head injury which was antemortem in nature and sufficient to cause death in ordinary course of events whereas in case of Shiv Nath it was haemorrhage, shock and injury to vital organs i.e. brain and lung and the injuries were antemortem in nature and sufficient to cause death in the ordinary course of events. The Investigating Officer took into possession half a bottle of liquor and one empty steel tumbler after converting them into a sealed parcel sealed with seal MS vide memo Ex.PL and seal after use was handed over to ASI Dharambir. The Investigating Officer also prepared a rough site plan, Ex.PM, with correct marginal notes of the spot, and recorded statements of witnesses. HC Dalbir Singh produced a sealed parcel containing clothes of the deceased so handed over to him by the doctor after postmortem examination, before SI Sandeep Singh, who took the same into possession vide memo Ex.PH. On 6/2/2003, Roop Chand, Sarpanch of village Chandoli and Sukhbir Singh of Chandoli, before whom the accused had made an extra judicial confession about the commission of the offence, produced the accused before the Investigating Officer, who recorded contents of the extra judicial confession, vide memo Ex.PE/1 and also recorded statements of the witnesses, arrested the accused and then on completion of investigations, the accused was sent up for trial.