RAM BHAGAT AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellants challenging the judgment of conviction dated 05.08.2003 and order of sentence dated 07.08.2003 passed by learned Sessions Judge, Bhiwani, whereby they were convicted under Sections 302/34, 452 and 404 IPC and sentenced to undergo imprisonment for life under Section 302/34 IPC along with other sentences and fine. All the sentences were ordered to run concurrently.

(2.) The brief facts of the case are that the FIR in the present case has been registered on the statement of Manoj Kumar, who got recorded his statement to ASI Raj Singh, SHO on 08.01.2000. Complainant Manoj Kumar stated that they are two brothers and live together. His father Hawa Singh runs a shop of grocery in the village and he used to bring liquor from Tosham un-authorizedly and sell in the village and he also used to take liquor and sleep in the shop. Complainant further stated that in the evening, they used to take food for his father at the shop. On 07.01.2000, at about 10.00 p.m., his father came to him in the house and told that Suresh and Ram Bhagat quarreled with him under the influence of liquor. Then complainant and his younger brother Raj Kumar accompanied his father and went to their shop. On seeing them, said persons fled away. Thereafter, he and his brother came back to the house as some guests had come to their house whereas, his father remained at the shop. Complainant also stated that on 08.01.2000 at about 7.00 a.m., he went to the shop of his father and found his father lying dead on the cot. Thereafter, he came back and disclosed the entire incident to his uncle Kanni Ram. His uncle also went to the shop and saw the dead body of his father. It is further stated by the complainant that about 20-25 days earlier also, a quarrel had taken place between his father and Suresh and Ram Bhagat under the influence of liquor regarding some money transaction. On the previous night also, Suresh and Ram Bhagat had given beatings to his father in the shop, as a result of which, he received invisible injuries and died. On the basis of this statement, ruqa was sent to the police station, on the basis of which, FIR was registered. Thereafter, ASI Raj Singh, Investigating Officer, reached the spot and prepared inquest report Ex.PH. He also recorded the statements of the witnesses. The dead body was sent for post-mortem examination. Rough site plan was prepared. Accused were arrested. After necessary investigation, challan was presented against the accused-appellants.

(3.) On presentation of challan, copies of challan and other documents were supplied to the accused-appellants under Section 207 Cr.P.C. Finding prima facie case, the appellants were charge-sheeted under Sections 302 read with Section 34 IPC, 454 and 404 IPC, to which they pleaded not guilty and claimed trial.