RAKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 16.09.2002 and order of sentence dated 18.09.2002, passed by the learned Sessions Judge, Faridabad, whereby he was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.500/- and in default of payment of fine, to undergo rigorous imprisonment for a period of two months under Section 302 IPC.

(2.) The brief facts of the case are that a V.T. message was received from Police Station Kotwali that Udai Parkash, who was admitted to EMC Faridabad in an injured condition, had expired. On this, ASI Jagat Singh along with other police officials, after taking MLC of Udai Parkash, went to EMC Faridabad, where Ramesh Chand met him and got his statement recorded on 18.07.2001. Complainant Ramesh Chand stated that he does the work of helper on tractor No.UP-81H-6294 for the last about one month and the driver is Uday Parkash. On 17.07.2001 at about 8.00 p.m., they started from village Atroli District Aligarh, after loading wheat bags in trolley attached with tractor for selling the same in Delhi. On the way, another tractor bearing No.UP-81G-2719 along with trolley, in which also the wheat bags were loaded, met them. The driver of the said tractor was Udaibir and helper was Rakesh. On 18.07.2011, at about 9.00 a.m., both the tractors stopped at a hotel near Kithwari. Complainant further stated that he and driver Udai Parkash after taking meals laid on the cot at Hotel. Rakesh helper threw water on Udai Parkash and he got up from the cot and gave blow with wooden plank in the waist of Rakesh. Then Rakesh Kumar said that he would teach him a lesson for giving blow to him. Rakesh Kumar and Udaibir then went towards Delhi along with tractor trolley. He (complainant) and Udai Parkash started from there after about two hours. At about 1.30 p.m., when they reached at Gulshan Dabha on G.T. road, the tractor of Udaibir was lying parked. They stopped their tractor to have some rest. In the meantime, it started raining. The complainant and Udai Parkash went inside Gulshan Dabha. Rakesh Kumar helper was sitting on a cot inside the dabha. Udai Parkash was drinking water and Gulshan Kumar, owner of the hotel, was also present there. In the meantime, Rakesh Kumar picked up wooden arm of the broken cot and gave blow on the head of Udai Parkash from backside. He said to Udai Parkash, in the presence of complainant and Gulshan Kumar that he taught lesson to him for giving phatta blow to him. Blood started oozing out from the head of Udai Parkash and he fell down on the ground. He (complainant) picked Udai Parkash and took him in three-wheeler to Palwal, from where doctor told to take him to Faridabad. Then he took Udai Parkash for treatment to EMC Faridabad in a vehicle, where doctor declared him dead. Then he (complainant) informed the tractor owner Dharmi by calling him on telephone. When he returned back to EMC Faridabad, ASI Jagat Singh met him, to whom he got recorded above statement. On the basis of this statement, ruqa was sent to the police station, upon which, FIR was registered. Special report was sent to the officers. Inquest proceedings were conducted. Thereafter, ASI Jagat Singh went to the spot and prepared rough site plan and lifted blood stained earth and sealed parcel was prepared. The statements of the witnesses were recorded. Accused was arrested. After necessary investigation, challan was presented against the accused-appellant.

(3.) On presentation of challan, copies of challan and other documents were supplied to the accused-appellant under Section 207 Cr.P.C. Finding prima facie case, the appellant was charge-sheeted under Section 302 IPC, to which he pleaded not guilty and claimed trial.