SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 13/16/4/2004 passed by the Additional Sessions Judge, Fast Track Court, Gurgaon.

(2.) The instant FIR came to be registered on 25/12/2001. The accused-appellants came to be convicted vide judgment of conviction and order of sentence dated 13/16/4/2004. The present appeal against the judgment of conviction and order of sentence was filed on 11/5/2004. The matter has come up for final hearing now after 24 years of the registration of the FIR.

(3.) Briefly, the case of the prosecution is that on 24/12/2001, ASI Sugan Singh, received a V.T. message from Police Station City Gurgaon, that in an occurrence, Satish had received injuries and another person, namely, Rajbir alias Bittu had died and they had been referred to General Hospital, Gurgaon. Therefore, ASI Sugan Singh alongwith other police officials went to Police Station City Gurgaon, from where he collected copy of the MLR of Satish and then proceeded to General Hospital, Gurgaon. He came to know from the hospital that Satish and Rajbir alias Bittu had been referred to Safdarjang Hospital, Delhi, but ultimately they were found at Batra Hospital, Delhi. ASI Sugan Singh moved an application for seeking an opinion of the doctor regarding the fitness of Satish-injured. Since Satish was unfit to make statement, the IO recorded the statement of Sanjay, brother of Satish injured. Sanjay stated before the police that about 8/9 months ago, he had given Rs.20,000.00 to Chanda Ram alias Kallu son of Hirdey by way of a loan. 2/3 months prior to the occurrence, he had demanded this amount from him, but at that time also some dispute had taken place. However, on 24/12/2001, he had gone to Chanda Ram alias Kallu again and had demanded the amount given to him by way of a loan. He was abused by Chanda Ram alias Kallu and others and so he came back to his house. At about 7.00 P.M., Narender alias Nirender, Chanda Ram alias Kallu, Suraj Lajja, Sukki alias Shakuntala and Jija of Kallu (Het Ram) came together. Narender alias Nirender was armed with a knife, Chanda Ram alias Kallu with scissors, Lajja was armed with a chhuri, Jija (Het Ram) was armed with a saria and Suraj Bhan was armed with a danda. Narender alias Nirender gave a knife blow to Rajbir alias Bittu in the abdomen and the second blow was given on his lips, Chanda Ram alias Kallu gave a scissors blow to Rajbir alias Bittu on his right armpit, whereas Lajja gave two chhuri blows on the elbow of Rajbir alias Bittu. The Jija of Chanda Ram alias Kallu and Suraj Bhan gave fist and kick blows. Satish was also given injures by the accused persons. Satish and Rajbir alias Bittu who suffered injuries were taken to hospital. Baljeet and Vicky had also come to the spot on hearing the noise and they witnessed the occurrence. On the basis of this statement, the formal FIR was recorded by SI Shakuntala. ASI Sugan Singh got the post mortem examination conducted on the dead body of Rajbir alias Bittu. He prepared the inquest proceedings. The dead body was handed over to the relations after post mortem examination. ASI Sugan Sigh prepared rough site plan after reaching the spot and collected blood stained earth, which was converted into a separate parcel duly sealed with seal 'SS'. The investigating officer also collected blood stained earth from another place viz. on the road side and same too was kept in a sealed parcel, which was taken into possession by preparing a separate memo. Statements of the witnesses were recorded by ASI Sugan Singh. On 26/12/2001, ASI Sugan Singh received the parcel containing clothes of Satish from Sanjay, brother of Rajbir alias Bittu deceased, which were taken into possession by preparing a memo. The clothes were converted into a sealed parcel before those were taken into possession. Satish-injured was got medico-legally examined. Scaled site plan was got prepared from Naresh Kumar draftsman. The accused were arrested. Their disclosure statements were recorded after interrogation and then weapons of offence were recovered accordingly by the police. The report of FSL was obtained. After completion of necessary investigation and other usual formalities, the challan was prepared by Inspector Ramesh Pal on 20/2/2002. It was then submitted to the Court for trial of the accused. Het Ram son of Khem Chand and Lajja daughter of Hirdey Ram were placed in Column No.2.