SALIG RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) - The appellants were tried and convicted by the learned Additional Sessions Judge, Hissar, for offence under Section 460 read with section 34 of the Indian Penal Code and each one of them was sentenced to undergo regorous imprisonment for a period of four years and to pay a fine of Rs. 50/- or in default to undergo further P/2 rigorous imprisonment for a period of one year. Feeling aggrieved against the said order, Salig Ram accused has forwarded Appeal No. 416-SB/1985, while the remaining accused have forwarded Appeal No. 415-SB/1988, from the jail. Both these appeals shall be disposed of by this judgment as they arise out of the same transaction and rest upon the same evidence.

(2.) In the brief, the facts of the case are that Ramu deceased used to work as gardener with the Municipal Committee, Fatehabad. He was found dead on a cot in the premises of the library of the Municipality on the morning of 5th October, 1984 by Jagdish sweeper (P.W. 16), who apprised Ram Nath, Secretary of the Municipal Committee (P.W. 3) about this fact. Sube Singh (P.W. 4), Junior Engineer of the Municipal Committee was also informed of the same. They found that there were marks of strangulation on the neck. Ram Nath then lodged report EX.PE in this regard at the Police Station, which was recorded in the daily diary. Sub Inspector As a Nand Mukhi (P. W. 18) then rushed to the scene of crime and prepared inquest report Ex. P.C. of the dead body. He also found a glass number Ex. P. 5 having small quantity of wine in it and sealed it into a parcel, besides some Bhujia scattered nearby. Blood-stained earth was also lifted from underneath the cot of the victim. An empty bottle Ex. P. 6 was also lying nearby and the same was seized. He also took the key, Ex. P. 7 lying towards the head of the cot and opened the lock, Ex. P.4 of the room of Ramu. The lock was also taken possession of.

(3.) Dr. A.S. Chaudhry (P.W. 2) conducted autopsy on the dead body on the same even at 5.00 P.M. and found that the death had taken place due to strangulation or due to the crushing of the testicles. On receipt of the postmortem report, S.I. Asa Nand P/3 recorded the formal F.I.R. Ex. PU/i for offence under Section 460 read with section 34 of the Indian Penal Code through MHC Ishwar Singh. He again visited the spot and prepared its bought site-plan, Ex. P.Y, besides recording the statement of Ram Singh (P.W. 17) having seen all the accused and the deceased taking liquor together at 8.00 or 9-00 P.M. on 4th October, 1984. He also recorded the statement of Richh pal (P. W. 14) who stated that he had seen the accused Om Parkash at 4.00(4.30 A.M. on 5th October, 1984 carrying one attache, while Lalan and Salig Ram carrying a bag each.