MOHINDER SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Mohinder Singh and Gopal Krishan alias Billu have filed this appeal against the judgment dated 17.11.2003 and order of sentence dated 18.11.2003 passed by the court of learned Additional Sessions Judge, Kaithal, whereby they were convicted under Section 304 Part-II read with Section 34 IPC, and sentenced to undergo rigorous imprisonment for four years and to pay fine of Rs. 5,000/- each, in default to further undergo rigorous imprisonment for two months.

(2.) The case of the prosecution is based upon the statement (Ex.PC) made by Sheela Devi (PW.4), to Sadhu Ram SI (PW.7) on 20.08.2001. In her statement, she alleged that for the last two years, her eldest son Parkash Kumar was employed with accused Mohinder Singh at his Cable T.V network. For a period of about one month, her son could not attend his duties due to his illness and had also gone to bring Kanwar from Haridwar. On that day, i.e. on 20.08.2001 at about 12.30 PM, appellantsaccused Mohinder Singh and Gopal Krishan alias Billu came to the house of the complainant. Accused Mohinder Singh asked Kamal Kumar (husband of the complainant) as to why his son Parkash Kumar was not coming on duty, due to which his work was suffering. Kamal Kumar stated that his son Parkash Kumar was not feeling well and they would settle their accounts with folded hands. At this, accused Mohinder Singh got annoyed. He caught hold and pressed the neck of Kamal Kumar with one hand; and with the other hand, he caught hold the hair of Kamal Kumar and started giving him blows. On this, when the complainant tried to rescue her husband Kamal Kumar, accused Gopal Krishan alias Billu pushed her away and threatened her. The complainant then raised alarm, which attracted her neighbourer Bhagwanti (PW.5) and Parkash Kumar, who rescued Kamal Kumar from the clutches of the accused. Both the accused ran away while extending threats to the complainant party. On taking care of Kamal Kumar, he was found dead. Action may be taken against the appellants-accused.

(3.) After recording the aforesaid statement, Sadhu Ram SI made his endorsement (Ex.PC/3) and sent ruqa to the Police Station, on the basis of which formal FIR (Ex.PC/1) was recorded. Thereafter, Sadhu Ram SI reached the place of occurrence, prepared inquest proceedings (Ex.PJ) and the rough site plan of the place of occurrence (Ex.PK), recorded the statements of the witnesses and sent the dead body of Kamal Kumar to Civil Hospital, Kaithal, for post mortem examination, vide application (Ex.PH/2). Further investigation of the case was handed over to Puran Chand, Inspector/SHO (PW.11), who recorded the supplementary statements of complainant Sheela Devi and eye witnesses Bhagwanti and Parkash Kumar. Complainant Sheela Devi, in her supplementary statement, stated that when accused Mohinder Singh and Gopal Krishan were running away from the spot, accused Veena Rani asked them to hide in her house and she would put a lock outside. On the basis of this statement, offences under Sections 302 and 212 IPC were added. On 21.08.2001, all the three accused was arrested in this case. On the same day, the case property was deposited with MHC. Scaled site plan of the place of occurrence was got prepared from Constable Ram Niwas (PW.8).