STATE OF HARYANA Vs. SURESH

JUDGEMENT

(1.) ACCUSED Suresh son of Moji Ram, Ram Bhagat son of Nihar Singh and Ajmer Singh son of Kapur Singh (now respondents in this appeal filed by the State of Haryana) were charged under Sections 307/34 I.P.C. on the basis of statement of Ram Dhan P.W. 5 resident of Jind, who happens to be the father of Kamla P.W. 8, recorded in the Police Station City, Jind by Inspector Harbans Lal P.W. 11 at 3.00 a.m. on 22.11.1989. Formal F.I.R. Ex. PE was recorded on 22.11.1989 at 3.20 a.m.

(2.) RAM Dhan had got recorded in his statement before Inspector Harbans Lal, P.W. 11 that he had 3 sons and 3 daughters. His elder daughter Kamla Devi was married with Ram Kumar resident of Bhupinder Nagar. Ram Kumar had died about 8 years ago. Kamla had one daughter and one son namely Rajesh, her daughter Smt. Bir Bati was married. On 22.11.1989 at about 2 a.m., his grand-son Rajesh son of his daughter Kamla accompanied with Azad, father's sister's son of Rajesh, came to him and told him that at about 10 p.m. one Suresh son of Moti Ram, Ajmer son of Kapur Singh and Ram Bhagat son of Nihar Singh, Jat by caste, resident of village Pangal, P.S. Barwala, (Hissar) came to their house in a Maruti car. All the three of them sat in their baithak. His mother knew Suresh. Azad and he (Rajesh) went to watch a video-movie in the Mohalla. They had returned at 11.30 p.m. and gone to sleep in the other room. At about 1.00 a.m. on 22.11.1989, on hearing the rolla of his mother Kamla saying, "Jala di, Jala di, bachao" (Burnt, burnt, save), Azad and he had gone to the baithak and found that Suresh was gagging the mouth of his mother and Ajmer and Ram Bhagat had caught hold of her mother Kamla by her hands and her clothes were set on fire. As soon as they reached, all the three of them fled away in the car. Suresh, Ajmer and Ram Bhagat had set her on fire after sprinkling oil in order to kill her over the money transaction and she was lying in an injured condition. On receipt of this information he had gone to Kamla's house and found her lying in an injured condition. She was removed to Civil Hospital, Jind for treatment. After getting her admitted there, he had come to lodge a report.

(3.) ON 23.11.1989, Inspector Harbans Lal inspected the spot and on the demarcation of the place of occurrence by Rajesh he prepared the visual site plan Ex. P.W. 11/B. From the spot, he took into possession one half-burnt quilt Ex.P. 1, one half burnt pillow Ex. P. 2, one half burnt shawl Ex. P. 3 and an empty canny of black oil Ex. PR under memo Ex. PH attested by Rajesh and Harjit Singh Constable. The quilt, pillow and shawl were sealed in one parcel with his seal HS and canny was sealed separately. From recovery memo Ex. PH, it appears that some small pieces of burnt cloth were also taken into possession.