ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal has been preferred by the accused/appellant Ishwar Singh so as to challenge the judgment/order passed by the Sessions Judge, Narnaul in Sessions Case No. 33 of 1992 decided on 27.3.1998. By the impugned judgment, the accused/appellant Ishwar Singh has been held guilty of committing the murder of Satbir on 20.8.1992, and as such, has been convicted for the offence punishable under Section 302 of the Indian Penal Code. By a separate order dated 1.4.1998, the accused/appellant Ishwar Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs.500/-under section 302 of the Indian Penal Code. In default of payment of fine he was ordered to undergo further rigorous imprisonment for a period of six months.

(2.) The prosecution version of the incident emerges from the statement of Natha Ram PW11 to HC Man Singh PW9 recorded on 21.8.1992. In his statement Natha Ram PW11 asserted that he was a resident of village Bass Satnali wherein he was engaged in agriculture. He claims to have constructed a tubewell and a house on his agricultural land where he lives with his sons. As per the statement of Natha Ram PW11, he had six sons, three out of whom were employed in the army, two of his sons Randhir and Satbir had retired and were getting pension. After their retirement they were also engaged in agriculture. Whereas his third son Daya Nand is still in service. His remaining three sons were also engaged in agriculture. In his statement Natha Ram PW11 further stated that his son Satbir had retired from the army about 8/9 years prior to the recording of the statement. On account of Satbir's employment in the army the complainant alleged that he(Satbir) had become addicted to liquor. On 20.8.1992 at about 6:00 P.M. his son Satbir had left his residence in village Bass Satnali stating that he was going to the well of Neki Ram an ex Sarpanch in connection with the purchase of a buffaloe from Prithvi Singh PW2. According to the statement of Natha Ram PW11 his son Satbir had stayed at the well of Neki Ram on the night of 20.8.1992. On the following morning i.e. at 8:00 A.M. on 21.8.1992 Satbir had left the house of Neki Ram along with the accused/appellant Ishwar Singh stating that they were going to village Nangla. According to the statement of Natha Ram PW11, Prithvi Singh PW2 had given a sum of Rs.20/-to Satbir to purchase sugar and rice from village Nangla. Having taken the money Satbir told Prithvi Singh PW2 that he would purchase liquor with that money. According to the statement of Natha Ram PW11, Satbir did not return to his house till the evening of 21.8.1992. At about 10:30 P.M. Nihal Singh PW4 came to the residence of Natha Ram PW11 and informed him that the dead body of the complainant's son Satbir was lying at a distance of about 500 yards from village Nangla towards village Bass Satnali. On receiving the said information, the complainant's two sons Dharam Pal and Ram Pal PW6 and the complainant's nephew Sis Ram and one Prabhu Ram went to the spot and found the dead body of Satbir. After leaving Nihal Singh PW4 at the spot, the complainant Natha Ram PW11 went to the police station so as to make the statement to the police. On his way, he met HC Man Singh PW9 and recorded his statement. In his statement Natha Ram PW11 expressed that he suspected that his son Satbir had died on account of consuming excess liquor, or on account of some other incident. He however did not accuse anybody of having committed the murder of his son Satbir.

(3.) The statement of Natha Ram PW11 recorded by HC Man Singh PW9 was dispatched to Police Station Satnali on the basis whereof a daily diary report was recorded in the roznamcha.