STATE OF HARYANA Vs. DEEPAK AND ANR.

JUDGEMENT

(1.) The State has preferred this appeal against acquittal of the respondents of the charge under Ss. 302/120B IPC and Sec. 25 of the Arms Act.

(2.) Case of the prosecution is that on 23.4.1997 at 8.15 P.M., Harjinder Singh (PW -1) saw a dead body on the bank of Butana Branch canal in between Burji (pillar) No.56 and 57, near the fields of Dharam Singh in the area of Village Sarfabad. The body was smeared with blood and had injuries on left eye and on the back side of the head. Harjinder Singh called Jai Karan, Chowkidar, who was working in the nearby fields and leaving him there to guard the body, he went to Hari Ram, Sarpanch. While coming back, a police party headed by PW -17 Darshan Lal, SI/SHO, Police Station, Sarfabad met Criminal Appeal No.370 -DBA of 1999 him at Bus Stand, Sarfabad. Harjinder Singh got his statement (Ex. PA) recorded before PW -17 Darshan Lal at 10 -00 P.M. On the said statement, FIR was registered and investigation was commenced. PW -17 Darshan Lal went to the place where the dead body was lying. During night, no further proceeding could be conducted. On 24.4.1997, a team of experts of the scene of Crime Branch headed by PW -13 Nand Ram, Head Constable reached the spot and inspected the scene of occurrence. Report (Ex. PM) was prepared by PW -13 Nand Ram. PW -17 Darshan Lal got photographs taken and also got the body identified by PW -3 Shamsher Singh and PW -4 Rajinder Singh, who had come to the spot. He prepared inquest report and sent the dead body for post -mortem examination. He recovered blood -stained earth, a pair of shoes, a bottle of plastic containing liquor and one parna (piece of cloth) stained with blood and also took other items into possession. He also took into possession clothes of the deceased after post -mortem examination. He recorded statement Ex. PK of PW -11 Ram Kumar. He received message that Deepak, accused, who was son of the deceased had surrendered before the Court of Shri R.S. Bagri, JMIC, Panipat on 25.4.1997. After taking the order from the Court, he arrested the accused. The accused suffered a disclosure -statement that he had kept concealed a country -made pistol of 315 bore and two live cartridges in the fields. On 28.4.1997, the accused got the said items recovered. The accused also got recovered motor -cycle No.HR -12 -1314 and also pointed out the place of commission of murder of the deceased Ram Chander, who was his father, by him. The accused Vidyawati widow of the Criminal Appeal No.370 -DBA of 1999 deceased was also arrested and after completion of investigation, the accused were challaned.

(3.) The prosecution examined seventeen witnesses and led other evidence.