JOGINDER AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment would dispose of two appeals Criminal Appeal No.511-DB of 2000 filed by Joginder s/o Mohar Singh r/o village Budhpur, District Rewari and Varun Kumar s/o Narender Singh r/o Village Budhpur, District Rewari and Criminal Appeal No 565-DB of 2000 filed by Kalu alias Amit s/o Mahesh Kumar r/o Village Budhpur, District Rewari. These have been filed against the impugned judgment of conviction dated 7.9.2000 and the sentence order dated 14 9.2000 passed in case FIR No. 116 dated 7.4.1999 under Section 302/34 of the Indian Penal Code of Police Station City Rewari by Dr. S.K. Kapoor, the then Additional Sessions Judge, Rewari, vide which the appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code for committing the murder of Pushpinder and each of them was sentenced to undergo imprisonment for life and to pay Rs.50,000/- as fine and in default of payment of fine to undergo further RI for 3 years. It was ordered that if fine was recovered, it would be disbursed to the legal heirs of deceased Pushpinder.

(2.) The prayer made in this appeal is to set aside the impugned judgment and the sentence order and to acquit the appellants of the charge of murder under Sections 302 read with Section 34 of the Indian Penal Code by way of acceptance of this appeal.

(3.) The facts of the prosecution case are that on 7.4.1999, PWS Ram Chander Yadav had gone to Ahir College, Rewari for attestation of his certificates. PW4 Karambir Yadav met him there. PWS Ram Chander Yadav then went to Geography Department. The time was about 8.30 a.m. Pushpinder (deceased) was standing there. He inquired from Ram Chander Yadav as to how he was there that day and PW 5 Ram Chander Yadav informed him that he was there as he had to get copies of his certificates attested. By that time, suddenly appellants Joginder, Varun Kumar and Kalu alias Amit came running. Kalu alias Amit gave a sword blow from behind which struck on the 'takna' (ankle) of Pushpinder. Pushpinder ran towards the office of the Principal. PW5 Ram Chander Yadav also ran behind him. Varun Kumar - appellant gave a sword blow on the leg of Pushpinder. Pushpinder ran ahead. PWS Ram Chander Yadav caught hold Joginder and Varun Kumar - appellant. Kalu alias Amit - appellant showed him the sword. He then set them free. Pushpinder had fallen down in front of the office. Joginder - appellant gave sword blow on the forehead of Pushpinder. In the meantime, PW4 Karambir Yadav reached there, PW5 Ram Chander Yadav lifted Pushpinder. The appellants fled away from the place of occurrence by jumping over the wall. The college boys enquired from PW5 Ram Chander Yadav as to where he would take Pushpinder. He placed him at some distance and PW 4 Karambir Yadav helped him in doing so. PW4 Karambir Yadav removed the shoes of Pushpinder. The college boys brought a Maruti Car. PW4 Karambir Yadav and PW5 Ram Chander Yadav took Pushpinder to Government Hospital, Rewari. The doctor bandaged Pushpinder, but he was declared dead. PWS Ram Chander Yadav informed the uncle of Pushpinder on telephone The police reached the Hospital where Ram Chander Yadav PW5 was sitting outside the Hospital. The police took him to the Superintendent of Police. The lady Superintendent of Police desired to inspect the spot. PW5 Ram Chander Yadav then with her went back to the college and she inspected the spot. The police recorded the statement of PW5 Ram Chander Yadav v. Dr. Sunita Garg, Medical Officer, Government Hospital, Rewari on 7.4.1999 at 9 a.m. sent ruqa Ex.PA to Station House Officer, Police Station City Rewari informing him that Pushpinder Singh s/o Sarwan Singh r/o Musepur, District Rewari was brought dead in the Hospital. On receipt of this ruqa, PW8 Raja Ram, Station House Officer along with other police officials reached Civil Hospital, Rewari. PW 4 Karambir Yadav met him there. He recorded his statement which is Ex.PD. Endorsement Ex.PD/1 was made and it was sent for registration of the case. The FIR was registered by PW2 Head Constable Ram Bhagat. PD/2 is the copy of the FIR, which was registered at 10.50 a.m. He made an entry in the Daily Diary Register at Serial No.8, copy of which is Ex.PE.