SURJEET @ SHEELU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant challenges his conviction under Section 302 for which he has been sentenced to undergo life imprisonment and to pay fine of Rs. 1,000/ -, in default, to undergo further RI for six months.

(2.) CASE of the prosecution is that on 19.9.1996 at 7 -00 P.M., deceased Raj Kumar and his cousin PW -6 Satbir Singh alongwith the appellant Surjeet @ Sheelu, resident of Village Chirod had gone to Siwani on a Ford tractor. While returning, they halted at a hotel for refreshment. The appellant brought liquor from his tractor and consumed the same alongwith the deceased. Satbir Singh PW -6 took tea. When Satbir Singh was making payment to the owner of the hotel, the appellant made the deceased to sit on the mud guard of his tractor and drove away the tractor speedily towards Village Barwa. Satbir Singh PW -6 shouted for stopping the tractor but the appellant did not listen and sped away the tractor. Satbir Singh followed on foot and at 10 -45/11 -00 P.M., he saw the tractor -trolley standing on the kutcha path on the side of the road. The appellant had made Raj Kumar to fall on the ground and was driving the tractor backward and forward. Raj Kumar was shouting that the appellant will kill him and he had already run the tractor over him. Satbir Singh did not intervene out of fear and went to his village and informed the wife of Raj Kumar as well as Balbir and Ved Pal, brother and nephew of Satbir Singh. Later, he came back to Barwa, at the place of occurrence and met Jai Lal, Chowkidar PW -4 and Roshan Lal, who were sitting on a cot on the side of the road in front of their shop. They told him that the appellant had sped away with his tractor, leaving the trolley there. They had informed the police and Raj Kumar had been taken to Siwani. Satbir Singh alongwith Balbir and Ved Pal went to the Police Station, Siwani, where they were advised to go to the hospital. Satbir Singh went to the hospital and after seeing Raj Kumar in unconscious condition, he went back to Village Chirod to collect money, leaving Balbir on the spot. When they came back, Raj Kumar had died. According to him, the appellant had caused the death of Raj Kumar on account of altercation at the hotel as the deceased had money dealings with the appellant. His statement was recorded by ASI Om Parkash PW -8 at 9 -10 A.M. which led to registration of FIR. ASI Om Parkash PW -9 had earlier received a telephonic message at the police station at 10 -45 P.M. on 19.9.1996 that a person had been run over by a tractor and he had gone to Village Barwa. On going to the place of occurrence, he found Raj Kumar and removed him to the hospital where he was given medical aid and MLR was prepared at 1 -20 A.M. He received a message from the hospital on 20.9.1996 at 8 -10 A.M. regarding the death of the injured, on which he went to the hospital and prepared inquest report. He also recorded statement of Satbir Singh PW -6. He then sent the dead body for post -mortem examination. He recorded statement of Balbir Singh also, but thereafter, the investigation was handed over to SI Jagdish Chander PW -7, who went to the place of occurrence, recorded the statement of Jai Lal PW -4 and Roshan Lal and also took other steps for investigation. He arrested the accused and recovered the tractor in pursuance of disclosure statement. He got the tractor mechanically examined from PW -3 Mahinder Kumar. After completing investigation, PW -10 Daya Nand, SI filed final report in Court.

(3.) HE did not give the cause of death, pending receipt of report of Chemical Examiner. Later, on 2.1.1997, he gave opinion that cause of death was shock and haemorrhage as a result of injuries, which were sufficient to cause death in the ordinary course of nature.