DAYA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Daya Nand was convicted by Sessions Judge, Sonepat, vide his order dated September 3, 1986, for the murder of Smt. Bhateri and sentenced to imprisonment for life and a fine of Rs. 100/- in indefault of payment of fine further R.I. for one month under section 302, I.P.C. Feeling aggrieved, he has filed this appeal.

(2.) Bhateri deceased was married to Kehri, father of the accused 12/13 years prior to the incident. The relations between Daya Nand and his step-mother Bhateri deceased were not cordial as he was suspecting that she was of loose moral character. According to prosecution, Jai Narain's (P.W. 9) land is situate near Jamuna and is irrigated by the tubewell. Some portion of that land had been given by Jai Narain to father of the accused on share croping basis. On July 31, 1985, Smt. Bhateri deceased had come to the field. Jai Narain asked her to remove weeds from the paddy field. The accused had also come there. Jai Narain switched off his tubewell at about 5 p.m. and was proceeding towards his home when he saw the accused catching hold of Smt. Bhateri from her pigtail and dragging her towards a dry channel. He saw the accused giving dagger blow on Bhateris belly. The accused was shouting at that time that he will teach her a lesson for her loose character (Badchalan). Jangli P.W. came from the opposite direction and had also seen the occurrence. They challenged the accused as to what he was doing. The accused ran away towards village Abadi taking the dagger with him. Jai Narain and Jangli pursued him but were out-paced. They came back to the place where Bhateri was lying and found her dead. Jai Narain, leaving P.W. at the spot, went to villages Chanduli and Papnera, Kehri, husband of the deceased and some other persons, came to the spot. hi Narain left for Police Station, Gannaur and met Mohinder Singh S.I. P. W. on the turning of village Bega Chassauli. Jai Narain made a statement Exhibit PA to S.I. Mohinder Singh, on the basis of which F.I.R. was recorded at the Police Station. S.I. Moninder Singh left for the place of occurrence along with Jai Narain, but by that time it had grown dark. In the morning, a photographer Daya Nand Verma was called, who took photographs. Mohinder Singh prepared inquest report Exhibit P.H. The dead body of Smt. Bhateri was sent for post-mortem examination to Civil Hospital, Sonepat. Mohinder Singh S.T. prepared rough site plan, lifted blood stained earth from the spot and sealed the same into a parcel. On August 2, 1985, the accused approached Vishan Dass P. W. and made an extra-judicial confession that he had killed his mother and he may be produced before the police. Vishan Dass took the accused to the Police Station. S.I. Mohinder Singh met him near Police Post Nimarpur where Vishan Dass produced the accused before him. The accused was interrogated and he made a disclosure statement Exhibit P.J disclosing that he had burned a dagger in the heap of thatch under a Kikar tree and could get the same recovered. After making the disclosure statement, the accused led the police party to the place pointed and got dagger Exhibit PB. recovered. After completion of the investigation, the accused was challaned, tried, convicted and sentenced, as mentioned earlier.

(3.) In support of its case, prosecution examined Dr. Om Dutt Sharma P.W.8, who had conducted autopsy on the dead body of Bhateri wife of Kehri on August 1, 1985, at 10.30 a.m. The body was identified by Kehri. Dr. Om Dutt Sharma found the following injuries on the person of the deceased: