RANGI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) KALI Ram deceased was a tailor working at Guhna. Ram Partap and Raj Pal are his two sons. They are both also in tailoring business at Kaithal and allegedly get back home in the night after doing the day's work at Kaithal. Parmeshwari is the widow of deceased and mother of his two children aforesaid. Sadhu Mahajan had a shop in Guhna adjoining the house of Rangi accused which he sold to Kali Ram allegedly in the year 1981-82. Feeling that asimmediate neighbour of the vendor Sadhu Mahajan, he had preferential right of its purchase, Rangi was nursing a grudge against Kali Ram on this score.

(2.) ON the night intervening between June 16, 1986 and June 17, 1986, Parmeshwari widow of Kali Kam, her two sons named Ram Partap, Raj Pal and her deceased husband's nephew Rajinder were sleeping in the house while Kali Ram was sleeping outside his shop. Around 1:30 A.M. on June 17, 1986 Parmeshwari felt pain in her stomach. She used to cure it with huqa puffs. Finding that there was no tobacco in her house available, she went to the shop of her husband Kali Ram for obtaining it from him. While appocaching the shop Parmeshwari saw Rangi accused giving gandasi blows to the deceased and returned home crying Mar diya, lut gai". The three males in her house got awakened on hearing her cries and accompanied the widow of the deceased to his shop. From a distance they observed the accused fleeing from the place of occurrence with his gandasi. Reaching the place of occurrence they saw Kali Ram deceased profusely bleeding from the multiple gandasi injuries inflicted upon him by the accused. Ultimately Kali Ram succumbed to the injuries on their arrival. Leaving Raj Pal by the side of the dead body, Ram Partap along with Partap Singh Ex. Sarpanch and Dalel Singh, Member Panchayat, went to Police Station Saddar, Kaithal, for making report of the occurrence. A.S.I. Mange Ram recorded the formal First Information Report at 7.50 A.M. and the said report reached the Ilaqa Magistrate at 10.15 A.M. with due promptitude.

(3.) IT has been urged by the learned counsel for the accused-appellant that the alleged motive was inadequate, that the version in regard to Parmeshwari' P.W. 2 having seen the occurrence is improbable, that the allegation of the cries of the solitary eye-witness Parmeshwari Devi made on seeing the accused killing Kali Ram with gandasi, having not awakened immediate neighbours of Kali Ram sleeping outside their respective shops on the way back after seeing the occurrence, is simply incredible and clearly indicates that two sons and a nephew of the deceased were all called from Kaithal to get a blind murder of the deceased traced, that the allegations of the accused marking an extra-judicial confession of his guilt to Tekka Ram P.W. 5, disclosure statement Exhibit PC to the police on getting the gandasi Exhibit PA discovered in pursuance of it are all faked ones and that the accused-appellant, a widower, has been falsely implicated in the case so that Permeshwari Devi and her sons could comfortably live in his house, which admittedly adjoins the shop of Kali Ram deceased.