RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 20.1.1994 and order dated 21.1.1994 of the learned Additional Sessions Judge, Hissar vide which he had convicted the present appellant Raj Pal under Section 302 I.P.C. and sentenced him to undergo life imprisonment and to pay a fine of Rs. 25,000/-. In default of payment of fine, he was ordered to undergo further R.I. for one year.

(2.) THE prosecution story unfolded by Babu Lal (PW-5) when he lodged the First Information Report in the police station is that he was the resident of Bawani Khera and did labour. He and Shamsher son of Raghbir Singh and Bhup Singh son of Ram Kishan, Balmikis by caste, resident of Bawani Khera, did the work of digging pits for ever-clean latrines and their covers relating to Satpal, contractor, resident of Kurukshetra under the supervision of Suresh son of Tek Ram Jat, resident of Narnaud for the last about 4/5 months. All the three resided in the house of Suresh. Raj Pal son of Kishan Lal, Balmiki used to do work with Krishan contractor in the past but he had started working with them for the last about 4/5 days. He was residing separately. On 17.8.1992 at about 12.30 p.m., at the time of rest, Shamsher asked Rajpal that his progress was less and either he should do more work otherwise they would not keep him with them. On this Rajpal lost temper and abused Shamsher saying that he himself could do the same and he (Shamsher) could not harm him in any way and he (Rajpal) would see him. After saying so, Shamsher gave two/three slaps to Rajpal in his presence and that of Bhup Singh son of Ram Kishan. At this, Rajpal lost temper and went away saying that he would see him during the night.

(3.) BABU Lal's statement was recorded by Angrej Singh, S.I./S.H.O., P.S. Narnaund which was read and explained to him and he signed it as a token of its correctness. The case under Section 302 I.P.C. was registered against the appellant Rajpal. The S.H.O. along with other police officials, proceeded to the spot for investigation and copies of the F.I.R. and the Special Report were sent to the higher officers and the Illaqa Magistrate. Special Report reached the Illaqa Magistrate on 18.10.1992 at 1.35 p.m. through constable Om Pal.