RAM CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been directed against the judgment/ order of sentence dated 29th November, 2003/3rd December, 2003 rendered by the Court of learned Additional Sessions Judge, Panchkula, whereby he convicted and sentenced the accused -Ram Chander to undergo imprisonment for life and to pay a fine of Rs. 10,000/ -or in default thereof to further undergo simple imprisonment for six months under Section 302 read with Section 34 of the Indian Penal Code.

(2.) THE factual matrix of this case is that Sukhdevi complainant/ wife of the deceased Jagdish was residing in a hut near Bharat Gas Agency, Panchkula alongwith her husband, who was earlier rickshaw puller by profession and now he had started selling groundnuts on a Rehri in Sector 21, Panchkula. She herself used to work as a maid -servant. Tara, sister of the deceased Jagdish was residing with her family in Devi Nagar, Panchkula, on the other side of river Ghaggar. On 28th November, 2001, Tara was present in the hut of Jagdish, who had returned home at about 8.00 PM. He had just been served with his meals in a Thali. Meanwhile, accused Mukesh (juvenile being tried by the Juvenile Court) entered the hut. He kicked the Thali lying in front of Jagdish and asked him to accompany him. To the query of the complainant, Mukesh proclaimed that he (Mukesh), Jagdish, Nisar (proclaimed offender) and Ram Chander had indulged in gambling in which Jagdish had won his (Mukesh) watch and also Rs. 700/in cash and that they wanted to continue the game. So, they wanted Jagdish to accompany them. Jagdish refused to go with him. He was forced to accompany them. When Mukesh alongwith Jagdish stirred out of the hut, Nisar and Ram Chander were already waiting outside. Thereafter, they all three took Jagdish with them. Jagdish did not return home in the night. In the next morning Sukhdevi started making inquiries about her husband. She went to the shop of Babu Ram where Jagdish sometimes used to sleep. Babu Ram did not know about the whereabouts of Jagdish. Sukhdevi accompanied by her Nanad Tara and others continued searching for her husband. They found a dead body lying in a gutter. One V -shape Chappal was lying outside the gutter. The same was identified by Sukhdevi to be of her husband. Shiv Charan son of Babu Ram had also reached the spot. He disclosed that at about 8.30/9.00 PM on the previous night, he had seen Nisar, Ram Chander and Mukesh giving beatings and calling him bad names. Thereafter, Sukhdevi alongwith Babu Ram went to the Police Post, Sector -2, Panchkula and made a statement, on the basis of which F.I.R. was registered. Gorakh Pal, Sub Inspector went to the spot. The dead body was taken out from the gutter and the same was got photographed, inquest proceedings were conducted, whereafter, Inspector Rajiv Deswal came at the spot. He took up the investigation. The autopsy was got performed on the dead body. The rough site plan was prepared. Mukesh and Ram Chander were arrested from the huts situated in Sector -4, Panchkula. Pursuant to their respective disclosure statements, they got recovered stones, which were allegedly used as weapons of offence, as also the blood stained clothes. After completion of investigation, charge -sheet was laid in the committing court.

(3.) ON close of the prosecution evidence, when examined under Section 313 Cr.P.C., the accused has come up with the following plea: