SOM NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS (1) Som Nath (2) Raj Kumar alias Raju, both sons of Barkat Ram, along with (3)Naresh (4) Kashmiri Lal both sons of said Barkat Ram, and also (5) Barkat Ram faced trial before the Additional Sessions Judge Rohtak for the murder of Ram Ditta Mal. Charges were framed against all of them under Section 148, I. P. C. and under Section 302 read with Section 149, I. P. C. While Naresh, Kashmiri and Barkat Ram were acquitted, appellants Som Nath and Raju were convicted by the Addl. Sessions Judge under Section 302 read with Section 34, I. P. C. sentenced to undergo rigorous imprisonment for life, to pay a fine of Rs. 1000/- each and in default to undergo further rigorous imprisonment for one year.

(2.) THE case of the prosecution is that on 9-6-1992 at about 5. 45 a. m. , Ram Ditta Mal (deceased in this case) after waking up his wife Krishnawanti (the complainant) left for the Gurdwara. After a shortwhile, cries of Ram Ditta Mal were heard. Krishnawanti (the complainant who was also examined as PW-5) and her son Surinder tried to rush out but found the door of their house bolted from outside. Both of them went to the roof of their house, saw what was happening, and raised alarm, saying "killed", "killed". Shadi Lal (PW-6) had also reached the spot. While accused Naresh Kashmiri and Barkat Ram caught hold of Ram Ditta Mal, the appellants Som Nath and Raju, each armed with a dagger, dealt dagger blows on the chest and abdomen of Ram Ditta Mal. Ram Ditta Mal fell on the ground and appellants Som Nath and Raju caused nine or ten dagger blows to him. Som Nath inflicted a dagger blow on the back of Ram Ditta Mal and the dagger got stuck up in his back. After the assailants had fled away from the spot, Shadi Lal (PW-6) opened the bolt of the door of the house of Krishnawanti (PW-5 ). Krishnawanti and her son Surinder came out and found that Ram Ditta Mal had succumbed to the injuries. Krishnawanti proceeded to the Police Post, met ASI-Joti Ram (PW-7) near the clinic of Dr. Som Nath and gave report to him (Ex. PJ ).

(3.) KRISHNAWANTI PW-5 and Shadi Lal PW-6, the two eye-witnesses deposed on the lines of the prosecution case. PW-3 is Dr. Vimal Kumar Sharma, Medical Officer of the General Hospital Rohtak, who performed autopsy on 9-6-92 at 2. 15 p. m. , deposed about finding 15 incised wounds on the body of Ram Ditta Mal. He also found rigor mortis present on all the four limbs. He opined that death was due to shock and haemorrhage as a result of these injuries which were ante mortem in nature and sufficient to cause death in the ordinary course of nature. According to him, all the injuries collectively were sufficient to cause death and could have been caused by a weapon like Ex. P1. the dagger, which was sticking out from the back of the deceased, and was removed and handed over by him to the police. PW-1 Sub Inspector Budh Singh produced a copy of the FIR (Ex. PA) relating to the murder of Krishna, wife of Barkat Ram, to which we have referred earlier. PW-7 ASI Jyoti Ram is the Investigating Officer. He stated about the recording of the report by the complainant, Krishnawanti (PW-5), about the arrest of all the five accused on 11-6-1992 and also about the disclosure statements made by Som Nath, Kashmiri Lal and Naresh Kumar, leading to the recovery of a pant, a pyjama and a bush shirt. The appellants and the other accused in their statements under Section 313 Cr. P. C. generally denied the allegations made against them and said that this was a blind murder and that they have been falsely implicated in view of the murder of Krishna, wife of Barkat Ram. The accused examined as DW-1. Tara Chand from the Telegraph Department to prove five telegrams, Ex. D-1 to D-5. In those telegrams it is mentioned that the accused have been falsely implicated and that they are being kept in custody from 9-6-92 onwards. DW-2 is Constable-Rajbir Singh from the office of the Supdt. of Police, Rohtak, who produced Ex. DB and Ex. D-8, copies of telegrams sent by Attar Chand, complaining about the attempt to falsely implicate the accused. He also produced the copies of two complaints to the Director General of Police and to the Chief Minister (Ex. Dc and Ex. DD ). He stated that from the records it is seen that these complaints were sent to ASi Jyoti Ram (PW-7) for enquiry and report. The reports received after enquiry are Exs. D-10 to D-13. DW-3. Baldev Raj deposed that on the day of the occurrence, i. e. on 9-6-1992 he was going from his house in Mohalla Bhaistipura to Sugar Mills at about 3. 30 a. m. or 4. 00 a. m. as usual. He Stated that he used to park his jeep during nights near the Gurdwara in his street, that when he started from his house to go and get his jeep on the day of the occurrence, he came across the dead body of Ram Ditta Mal lying near a culvert of the street. According to him he went to the house of Ram Ditta Mal, which is just opposite to his house across the street, and informed the inmates about the same. DW-4 is Ram Parkash son of Attar Chand. He stated that his father Attar Chand died on 21-4-1993 and proved the signature in the complaint Ex. DW-4/b given by Attar Chand.