SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) We will be deciding Criminal Appeal Nos. 116-DB of 2003 and 153-DB of 2003 as they arise out of a common judgment/order. Appellants Satpal son of Chander, Deepak son of Satpal and Sahi Ram son of Chander were convicted by the Additional Sessions Judge (Fast Track Court), Sonepat on 23/ 24.12.2002 and sentenced to undergo rigorous imprisonment, for a period of five years and to pay a fine of Rs. 1000/- each, in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each under Section 452 IPC. Life imprisonment was awarded to the appellants under Section 302 read with Section 34 IPC and to pay a fine of Rs.2000/-.

(2.) The case of the prosecution is unfolded by the statement Ex.PG (dying declaration) of Rameshwar son of Raghubir Singh Tyagi, made on 4.8.1999 at 6.15 P.M. to Baljit Singh ASI PW14, at C.H.C. Ganaur. Rameshwar stated that he was sleeping in his kotha (room) of his tubewell, in his fields. At about 2 P.M. Satpal, Sahi Ram sons of Chander and Deepak son of Satpal, all residents of village Ghasauli came there. Sahi Ram was armed with a Saria (iron rod), Depak was armed with a knife and Satpal was armed with a Farsa. Sahi Ram gave a Saria blow on the cot, Satpal gave a Farsa blow on his right leg and Deepak gave a knife blow on his left thigh. Thereafter, Sahi Ram gave 2/3 Saria blows on his foot and back. He raised an alarm. Radhe son of Bhaiya Ram Tyagi came there and rescued him, from the assailants. The three accused then fled away towards the village, along with their weapons. They gave a threat to him that he has been saved, but on the next opportunity, he would be killed. Rameshwar further stated that injuries were inflicted on him inside the kotha (room) of the tubewell. Injuries were inflicted due to past enmity. On the basis of this statement, formal FIR Ex.PG/1 was recorded on the same day at Police Station Ganaur at 6.30 P,M. Special report was delivered to the Duty Magistrate at 12 P.M. (mid night) on the same day. Rameshwar after giving his statement died any time between 6/7 P.M. on 4.8.1999.

(3.) Prosecution to prove its case brought into the witness box PW1 Constable Gopi Chand, PW2 H.C. Raj Kumar, PW3 Dr. Suman Mathur, PW4 Mahender Singh S.I., PW5 Ranbir Singh, PW6 UGC Lachhman Singh, PW7 Dr. J.B. Sharma, PW8 S.L Ram Mehar, PW9 Radhe, PW10 Parveen Kumar, PW11 PawanKumar, PW12 Sushil Kumar, PW13 Shardha Nand and PW14 ASI Baljit Singh. Learned counsel for the appellants has assailed the dying declaration Ex.PG. He has argued that there are grave infirmities in the dying declaration. In fact Rameshwar was not in a fit state of mind to make a statement and document Ex.PG has been fabricated by ASI Baljit Singh PW14 the Investigating Officer.