JOGINDER AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 29.7.1997/31.7.1997 passed by the Sessions Judge, Sonepat , whereby in case FIR No. 426 dated 20.12.1993 Under Sec. 302/34, 324/34 IPC, Police Station Sadar, Sonepat, the accused -appellants have been convicted under Sec. 302/34, IPC, for having committed the murder of Shiv Charan and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5000/ -and in default of payment of fine, to further undergo imprisonment for a period of one year. They have also been convicted under Sec. 324/34 IPC for having caused injuries to Sama Kaur and sentenced to rigorous imprisonment for one year. Both the sentences were, however, directed to run concurrently.

(2.) It may be apt to mention that the afore -stated case was registered against three accused, namely, Rajesh, Joginder and Jaipal, but later on, accused Rajesh absconded.

(3.) In brief, the facts are that Mahabir made statement, Exhibit PM, to the police, to the effect that on 19.12.1993, Satbir brother of Mahabir was irrigating his fields during noon time, situated in the area of village Hassanpur known as Bediwala. At that time, Rajesh and Joginder pushed Satbir from there and abused him asking him to leave the place. On the next day, i.e. 20.12.1993, at about 7/7.30 PM, when he and his younger brother Shiv Charan, since deceased, were going towards the fields in their village to answer the call of nature and when they reached near the house of Roshan, they noticed accused Rajesh, Joginder and Jai Pal. Accused Rajesh was armed with a knife while Joginder and Jai Pal were armed with Lathis. Then accused Jai Pal raised Lalkara saying that Shiv Charan and Mahabir be taught a lesson for forcibly irrigating the field. Upon this, Joginder caught hold of Shiv Charan when Rajesh inflicted knife blows to Shiv Charan out of which one hit in his abdomen while the other in his chest. At that time, Sama Kaur who was going to purchase vegetables and was following them, rushed to the spot in order to save his son Shiv Charan. She too was assaulted by the accused. Accused Rajesh inflicted knife blow to her which hit on her ear and another knife blow on her arm. Accused Joginder inflicted Lathi blow which hit on her fore -head and accused Jaipal inflicted Lathi blow which hit on her hip. He(Mahabir) who was at a little distance away, picked up brick -bats and hit accused Rajesh. In the meanwhile, 4 -5 persons from the village appeared including Satbir and Surat. Thereafter, all the accused fled away from the spot along with their respective arms. Sama Kaur and Shiv Charan were removed to Civil Hospital, Sonepat. Shiv Charan succumbed to injuries on the way to hospital whereas Sama Kaur was admitted in Civil Hospital, Sonepat. After the doctor at the hospital had examined Shiv Charan and declared him brought dead, he informed the Incharge Police Post, Civil Hospital, Sonepat, who further informed the local police which reached there. After recording of the statement, Exhibit PM, at 10.40 PM, of Mahabir, the police registered an FIR, Exhibit PK. Thereafter, ASI Sahab Singh conducted inquest proceedings, Exhibit PJ, on the dead -body of Shiv Charan and then gave application, Ex.PJ/1, for conducting of post -mortem examination. On 21.12.1993, at 6.40 AM SHO Police Station Sadar, Sonepat, reached Civil Hospital, Sonepat, and took up the investigation and verified the same. On that day, Constable Daya Kishan produced one sealed parcel containing the clothes and other belongings of the deceased before the said SHO who took the same into possession vide recovery memo., Exhibit PO. On 23.12.1993, ASI Sahab Singh and Constable Daya Kishan were present at Murthal Bus Stand when SHO Chaman Lal reached there. Then they headed for village Hassanpur. PW Balraj, brother of deceased Shiv Charan, met them near the Rajpura minor and he was also joined in the police party. Then they went to the house of accused where Rajesh accused was found present when he was arrested. Upon interrogation by SHO Chaman Lal,SI, he made disclosure statement, Exhibit PQ, to the effect that he had kept concealed one spring actuated knife after cleaning it under the earth in the Kotha meant for tethering the cattle and that he alone knew about it and could get the same recovered. Accused Rajesh then led the police party at the pointed place and got recovered spring actuated knife, Ex.P1. SI Chaman Lal after preparing rough sketch of knife, Ex.PQ/1, took the same into possession vide recovery memo. Ex.PQ/2. Rough site plan, Exhibit PQ/3, of the place of recovery was also prepared. Thereafter, a Ruqa was sent by SI Chaman Lal for registration of case under the Arms Act. Then accused Jaipal and Joginder were produced before SI Chaman Lal by the brother of accused Jai Pal and they were also arrested and interrogated. Both the accused, Joginder and Jaipal, made disclosure statements, Exhibits PR and PS, which led to the recovery of Lathis, Exhibits P2 and P3, which were taken into possession vide memos. Ex.PR/1 and PS/1, after making the same into sealed parcel. M.L.R. of Sama Kaur is Exhibit PF and that of X - ray report is Exhibit PL wherein no fracture was found. Accused Rajesh was also medico -legally examined and the doctor proved his MLR dated 20.12.1993 as Ex.PG. The police got him medically examined and subsequent MLR dated 23.12.1993 is Exhibit PG/1.