BACHNA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 03/4/3/2004 passed by the Additional Sessions Judge (I), Kaithal.

(2.) The instant FIR came to be registered on 4/5/2002. The appellant came to be convicted vide judgment of conviction and order of sentence dated 03/4/3/2004. The present appeal against the judgment of conviction and order of sentence was filed on 29/3/2004. The matter has come up for final hearing now after almost 23 years of the registration of the FIR.

(3.) The brief facts of the prosecution case as per the report under Sec. 173 Cr.P.C. are that on 4/5/2002, the Moharrir Head constable of Police Station City, Kaithal, received a telephonic message from Police Post, Grain Market, Kaithal that one Karambir son of Chhotu, Caste Gujjar, resident of Shanti Nagar, Kaithal had been admitted in Civil Hospital, Kaithal in a burnt condition. On receipt of the said information, ASI Balraj alongwith Satbir Singh, Head constable on a Govt. Gypsy No.HR-03-9272 being driven by Mahabir Singh, Constable No.523 reached the Civil Hospital, Kaithal, where Karambir injured was found admitted. Medico Legal Report No.LR/94/02 dtd. 4/5/2002 was received from the doctor on duty, wherein injured Karambir was reported to have received 70-75% burns. The investigating officer moved an application before the Duty Magistrate for recording the statement of injured/complainant-Karambir. Accordingly, Sh. Mohinder Singh, Judicial Magistrate Ist Class, Kaithal came to the hospital and he sought the opinion of the doctor on duty regarding the condition of the injured. The doctor declared the injured fit to make a statement and accordingly the Judicial Magistrate proceeded to record the statement of injured person. The Magistrate put questions to the patient regarding his occupation and he disclosed that he was running a three wheeler and was un-married. The Magistrate enquired about the circumstances in which he received burn injuries. The patient replied that for the previous three years, he was living with Bachna Ram Gujjar in the area of Shanti Nagar and was having brotherly relations with him. The patient has further narrated that he was having relations with Mohindero wife of Bachna Ram as husband and wife. He used to give her his earning and about three years ago, he got contract money of Rs.20,000.00 in respect of his agricultural land which he handed over to Mohindero Devi for running the household. Bachna Ram was aware of his relations with Mohindero but he never stopped him. On 3/5/2002, he had some dispute with Bachna Ram in connection with a complaint made by him to the police against Sonu son of Bachna Ram regarding some theft matter. Then Bachna Ram gave him beatings at about 9.00 or 10.00 P.M. on 3/5/2002 and thereafter, he slept in the Verandah of the house. On 4/5/2002, in the morning at about 4:00 .A.M., he felt irritation of burning and when he woke up, he found that Bachna Ram had taken out diesel from the three wheeler and had poured it on him with an intention to kill him and then had sat him on fire by stating that he would not spare him that day. He specifically narrated before the Magistrate that the reason behind the incident was a complaint made by him against the son of the accused with the police. Further, he stated that after setting him on fire, the accused went inside the house and bolted the room from inside. Meanwhile, the wife of Bachna Ram, namely, Mohindero came after attending the call of nature, who helped the complainant and extinguished the fire. She raised an alarm. On hearing the noise, Kitaba, Ram Sarup and Smt. Sunehri neighbours appeared at the spot. They brought him in burnt condition to the hospital at 5.30 A.M. He also disclosed before the Magistrate that Bachna Ram was in the habit of allowing his wife to do prostitution. He also narrated to the Magistrate that he belonged to village Kokat and his mother and brothers were alive. After recording the statement of the injured, the Magistrate read over the same to him, who admitted its contents as correct and then put his thumb impressions. The investigating officer took the certified copy of the statement of the complainant recorded by the Magistrate and on the basis of the same, case vide FIR No.183 dtd. 4/5/2002 was registered under Sec. 307 IPC and further investigation was set into motion.