STATE OF HARYANA Vs. RAVINDER AND ORS.

JUDGEMENT

(1.) THE State and the complainant are aggrieved by the acquittal of the respondents of the charge under Sections 302/34 IPC.

(2.) CASE of the prosecution is that on 7.11.1996 at 11 -30 A.M., Brijesh deceased alongwith his brother Rakesh Dahiya (PW -13) were in the office of their father Mohinder Singh Dahiya, who was employed as Secretary, Red Cross. Brijesh left from there in a car after informing Rakesh that he was going to see Ravinder. Rakesh noticed Brijesh talking with Rameshwar. Rakesh received telephonic message at 12 -15 P.M. from Shri O.P. Chaudhary, former Vice Chancellor, M.D. University, Rohtak, who was related to the deceased that Brijesh was lying in hospital in injured condition. Rakesh went to the hospital at 2 -20 P.M. and was told that Brijesh had died. His statement (Ex.PD) was recorded by the Inspector Ram Kishan, (PW -17), who conducted part of the investigation while the part of investigation was done by Inspector Prem Singh (PW -18). Ravinder accused was represented by Jiwan Singh, Sarpanch (PW -14) before Prem Singh. On disclosure statement of Ravinder accused, a revolver, five cartridges, licence of revolver, one key and a motorcycle were recovered. PW -14 Jiwan Singh deposed about extra judicial confession made by Ravinder accused before him. PW -15 Rameshwar deposed about having seen Ravinder accused firing a shot at the deceased. He further deposed that Sandeep stopped the car of Brijesh and gave him a threat to teach a lesson for quarreling in the college. His statement was recorded by the SHO of the Police Station on the same day.

(3.) THE accused denied the prosecution allegations and led defence evidence about election rivalry in college elections.