NATHU RAM ALIAS BALWANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) NATHU Ram appellant alongwith Jaspal Singh accused was tried for committing the murder of Ajmer Singh by the Sessions Judge, Ambala. Nathu Ram was held guilty of the said offence and was accordingly convicted under Section 302, Indian Penal Code and sentenced to life imprisonment. Jaspal Singh accused was, however, acquitted of the charge of murder. Nathu Ram appellant has challenged his conviction and sentence in this appeal.

(2.) THE prosecution case is that on 30-3-1986 at about 6 A.M. Ajmer Singh deceased went to the fields for easing himself. Mukhtiar Singh accompanied by Jai Parkash and Tek Chand also set out for easing themselves in the fields. It was about 6.30 A.M. when Ajmer Singh was returning from the fields and reached near the fields of Babu Ram. Jaspal Singh accused caught hold of him while saying that he (Ajmer Singh) was circulating the news that his (Jaspal Singh's) father was having illicit relations with his (Jaspal Singh's) wife. In the meantime, Nathu Rain accused gave a kulhari blow to Ajmer Singh which fell on his back side. On receipt of the head injury, Ajmer Singh fell down and thereafter Nathu Ram gave some more Kulhari blows to him which fell on his arm, eye-brow, right side of the face and the neck. Mukhtiar Singh and others raised alarm and then both the accused ran away leaving their weapons on the spot. Jeeta PW was also seen coming from the front side and he also witnessed this occurrence. While running away, the accused, proclaimed that they had taken the revenge of levelling false allegations. Ajmer Singh succumbed to his injuries at the spot. Leaving Prema near the dead body, Mukhtiar Singh went to the police post, Barara where he lodged the report Ex. PB with Sub Inspector Randhir Singh. The said report was sent to Police Station. Mulana for the registration of the case, on the basis of which formal F.I.R. Ex. PB/1 was recorded by Assistant Sub Inspector Ram Singh. Randhir Singh Sub Inspector went to the spot, held inquest Ex. PA/2 and sent the dead body of Ajmer Singh to the mortuary for autopsy. He also lifted blood-stained Kulhari Ex. P.l. and danda Ex. P. 18 from the place of occurrence. Turban of the deceased Ex. P. 21, shoes Ex. P. 19 and Ex. P. 20 and blood-stained earth were also recovered from the spot. The accused were arrested by Randhir Singh on the same day. At the time of arrest, Nathu Ram accused was wearing a blood-stained shirt. The shirt Ex. P7 was got removed from his person and taken into possession.

(3.) MUKHTIAR Singh PW 5, Jai Parkash PW 6 and Jeeta PW 7 furnished the ocular account of the event. Sub Inspector Randhir Singh PW 9 was the Investigating Officer. The remaining evidence was of formal nature. When examined under Section 313, Criminal Procedure Code, the accused denied the prosecution allegations and pleaded false implication in the case. Besides tendering into evidence certain documents, Mohindro wife of Jaspal Singh accused was examined by Nathu Ram accused in defence.