SHIVJI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Shivji assails judgment dtd. 25/1/2005 passed by Sessions Judge, Kurukshetra and order dtd. 27/1/2005 whereby he has been held guilty and sentenced as under:-

(2.) The matter arises out of FIR No.40 dtd. 1/5/2003, Police Station Babain, under Ss. 302, 324, 323 of IPC (Ex.PQ/2) lodged on the statement (Ex.PQ) made by complainant Begu Mehto, which came to be recorded when the police, upon receipt of information from the hospital regarding admission of Begu Mehto and Vinod Mehto in injured condition, visited the hospital. Begu Mehto stated that he along with his younger brother Kishori Mehto (deceased), his brother-in-law (jija) Vinod Mehto and his uncle's son-in-law namely Rattan Dev Mehto had come to village Prahladpur for doing labour work in the fields of Partap Singh about six or seven months back and they used to reside at the 'kotha' (housing) of tubewell situated in the fields of Partap Singh. About four months ago Shivji who was son of complainant's aunt also joined them for doing labour work. About 3/4 days back Shivji had asked him to settle the accounts with regard to labour work upon which they all had told him that the same would be settled as the work would be completed in another 3/4 days and upon which they could distribute the amount. However, Shivji objected to the same. On 1/5/2003, when the complainant and others including Shivji had returned to 'kotha' at tubewell after harvesting the crop they all took their meals and slept at the tubewell. However, at about 11/11.30 pm he heard cries of his brother Kishori upon which he, Vinod Mehto and Rattan Dev Mehto saw that Shivji who was carrying a sugar-cane cutter in his hand was inflicting injuries to complainant's brother Kishori Mehto. When the complainant along with Vinod Mehto and Rattan Dev Mehto tried to stop Shivji, they were also inflicted injuries by Shivji with the help of said sugar-cane cutter. Vinod Mehto and Rattan Dev Mehto rushed towards village Prahladpur to inform others and in the meantime Shivji ran away from the spot. Although, the complainant tried to nab Shivji and chased him, but he managed to escape. When the complainant went back to (kotha) tubewell, he saw that his brother had been inflicted injuries and was writhing in pain and ultimately breathed his last. After about 30 minutes Vinod Mehto and Rattan Dev Mehto came there along with Partap Singh and others from the village. Shortly thereafter Raj Pal came there in a car and took complainant Begu Mehto, Vinod Mehto and Rattan Dev to Civil Hospital, Babain. Rattan Dev Mehto was further referred to Lok Nayak Jai Parkash (LNJP) Hospital, Kurukshetra. Complainant alleged that Shivji had murdered his brother Kishori Mehto on account of non-settlement of the accounts and had also caused injuries to them.

(3.) Pursuant to lodging of the FIR, the police went to the spot and prepared the inquest report Ex.PC. The dead body of Kishori Mehto was got subjected to post mortem examination Ex.PB. The medical record pertaining to injured Begu Mehto, Vinod Mehto and Rattan Dev Mehto and also of the deceased Kishori Mehto was collected. Blood stained clothes of Begu Mehto and of Vinod Mehto, a jute piece of cloth were taken into possession. A rough site plan Ex.PR of the place of occurrence was prepared. Statement of witnesses were recorded in terms of Sec. 161 Cr.P.C. Blood stained clothes of Rattan Dev Mehto were also taken into possession. The accused was arrested from 'jungle' (forest) on 1/5/2003. Upon interrogation, he disclosed that he had concealed his blood stained clothes in the jungle and pursuant to the said disclosure statement he got the same recovered. It is further the case of prosecution that on 2/5/2003 the accused made a disclosure statement Ex.PY as regards his having concealed the sugar-cane cutter in the fields of Partap Singh. Pursuant to the said statement the accused led the police party to the disclosed place and got the sugarcane cutter recovered which was taken into possession vide recovery memo Ex.PY/1. Upon completion of investigation a challan was presented against the accused in the Court of learned Judicial Magistrate 1st Class, Kurukshetra on 10/6/2003, who committed the case to the Court of Sessions vide order dtd. 24/7/2003. Charges were framed against the accused for offence punishable under Ss. 302, 323 and 324 of IPC by learned Sessions Judge, Kurukshetra on 1/8/2003 to which accused pleaded not guilty and claimed trial.