SHANKAR BAHADUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution story giving rise to this murder reference as also to the criminal appeal is as under : Om Parkash and his wife Vijay Laxmi, both since deceased, used to reside in their Dhani situated in the revenue estate of village Bighar in the midst of their agricultural land. This land had been purchased by Om Parkash and his brothers, namely, Ram Kumar and Lakhmi Chand and whereas Ram Kumar was living in the adjoining village Dhand about 2 -1/2 K.Ms. away from the Dhani, the family of Lakhmi Chand used to reside in the Dhani along with Omparkash and his wife as Lakhmi Chand was a property dealer in Gurgaon. Omparkash had also engaged 3/4 servants to lookafter his land as also the cattle and about 1 -1/2 months prior to the incident the accused -appellant Shankar Bahadur had started working with him on a salary of Rs. 700/ - per month. On the night intervening 7/8th September, 1993 at about 3 A.M., P.W. 12 Suman, wife of Lakhmi Chand and P.W. 13 her son Kalnalvir heard shrieks from the side of the court -yard where Omparkash and Vijay Laxmi were sleeping. Both these witnesses who were sleeping in another court -yard adjoining the house of Omparkash saw near the appellant giving kulhari blows on the neck of Omnparkash and on the head and hand of Vijay Laxmi. When the witnesses came the appellant ran away leaving the Kuihari embedded in the head of Vijay Laxmi. The injuries were so grave and serious that Omparkash and his wife. Vijay Laxmi died at the spot. P.W.13 Kamalvir accompanied by the tractor driver Lilu Ram thereafter went to village Dhand and informed his uncle Ram Kumar (P.W. 1) about the incident and he along with the other persons then came to the place of the incident. Ram Sarup and Pehald were left at the spot to guard the dead body and Kamalvir in the company of his uncle Ram Kumar left for the police station to lodge a report. They were however met by a police party headed by P.W.I5 Jasrath Singh at the bus stand of village Bighar, who recorded the statement of Kamalvir (Ex.PL) at 9 A.M. on 8th September, 1993 and on the basis of this statement the formal first information report was registered at 9.40 A.M. in the police station, Fatehabad and the special report was locally delivered to the Ilaga Magistrate at 11.40 A.M., the same day. P.W.15 Inspector Jasrath Singh after sending the statement Ex.PL to the police station, rushed to the place of occurrence and completed the formalities with regard to the two deaths. Certain recoveries including the blood stained bed clothes etc. were picked up from the spot. In the meantime, on the request of the investigating Officer a dog squad requisitioned from Hisar also reached the spot and thereafter Inspector Jasrath Singh with the help of the dog squad searched for the accused. On noticing, some footprints near the adjoining cotton field the dog squad was set on the trial and at a distance of about 10 killas from the Dhani of the deceased came upon the accused who was found hiding in a cotton field. He was duly identified by the -local Sarpanch Nathu Ram (P.W. 10) and many other persons and was put under arrest and his shirt Ex.P27 and Pant Exhibit P.28 which were stained with blood were removed and sealed into a parcel. The motive for the alleged offence was that about a day or two prior to the, incident, Omparkash deceased had sold serson crop valued at about Rs. 1 lac and the accused who believed that this money was lying in the house wished to steal it and in this process committed the murders.

(2.) THE prosecution in order to substantiate its case examined as many as 15 witnesses : P.W.1 Ram Kumar who deposed that the deceased had sold mustard crop worth Rs. 97,596.80 on 7th September, 1993 to Messrs Kulharia Brothers Commission Agents, Fatehabad and J Forms Exhibits P -1 and P -2 showing the amount of consideration had also been issued to him; PW5 Raj Karan Accountant of Messers Kulharia Brothers aforesaid who proved the aforesaid J Forms; the two doctors P.W.7 and P.W.8 Dr. D.K. Dadhick and Dr. N. Chakarwarti who had conducted the post -mortem examinations on the dead bodies of Vijay Lakshmi and Om Parkash deceased, respectively, and had opined that the injuries on the persons of the deceased could have been caused with the Kulhari Ex.P3 : P.W.10 Nathu Ram before whom the appellant was arrested and his shirt and Pant taken into possession by the police; P.W.11 inspector Sukhdev Singh who had recorded the formal first information report Ex.PL/2; the two eye -witnesses P.W.12 Suman and P.W. 13 Kamalvir and PW 15 inspector Jasrath Singh, the Investigating Officer. The prosecution case was thereafter put to the appellant in terms of section 513 of the Code of Criminal Procedure and he pleaded false implication at the behest of the relatives of the deceased. The trial court on a consideration of the evidence came to the conclusion that the prosecution case stood proved beyond a shadow of doubt and accordingly convicted the appellant under section 302 of the Indian Penal Code on two counts and having held the murders to have been in the category of the 'rarest of the rare cases' awarded a sentence of death to the appellant. The matter was accordingly referred to this court under section 366 of the Code of Criminal Procedure for the confirmation of the death sentence, whereas an appeal through jail has been filed on behalf of the accused -appellant as well.

(3.) MR . S.P. Soni, learned counsel appearing as amicus curiae on behalf of the appellant, has urged that the first information report in the present case had been lodged after an inordinate delay and that this fact cast a serious doubt on the prosecution story. Giving the details Mr. Soni stated that the incident in question is said to have taken place at about 3 A.M. on the night intervening 7/8th September, 1993 whereas the formal first information report had been recorded at 9.40 A.M. at Police Station Fatehabad and the special report delivered locally two hours later. We have considered this argument of the learned counsel and find that it lacks merit. The prosecution story would have to be scrutinized keeping in view the scenario at the place of the incident. P.W. 12 Suman who was related to Vijay Laxmi being her sister -in -law as well as a real sister and P.W. I3 Kamalvir, a boy of 14 -15 years of age were the only two family members in the house present at that time and having witnessed two very brutal murders it would have taken some time for these witnesses togather their wit around them and to initiate further proceedings. It has also come in the evidence that after the incident P.W.13 Kamalvir accompanied by their tractor driver Lilu Ram had gone to the village Dhand 2 -1/2 K.M. away from the place of the occurrence on foot and informed Ram Kamar P.W. 1 about the incident and they all reached village Dhand at about 5/5.30 A.M. It is, therefore apparent that in the light of the attendant circumstances there was no delay in the lodging of the first information report and as a matter of fact it was lodged promptly. It has also come on record that the special report had reached the llaqa Magistrate at 11.40 A.M. through P.W.2 Constable Nahar Singh and this constable delivered the same after walking a distance of about 1 K.M. from the police station to the court of the Ilaqa Magistrate.