MANPHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) WHETHER conviction can be based on sole dying declaration if it inspires confidence in the mind of this Court, is the short legal point involved in this appeal filed by Manphul son of Baru Ram, who was convicted under Section 304 Part-II, Indian Penal Code, and was sentenced to undergo rigorous imprisonment for a period of five years, allegedly for causing the death of his real brother Sube Singh.

(2.) ACCORDING to the prosecution story, Sube Singh deceased had three brothers, including Manphul appellant. Out of them Sube Singh deceased and Manphul appellant were married and the remaining two, i.e. Dharamvir and Subhash, were not yet married at the time of the occurrence, which took place on 31st May, 1986 in the area of village Baroda, falling within the jurisdiction of Police Station Uchana and F.I.R. No. 52 dated 10th June, 1986 was registered. To proceed further with the facts, Sube Singh deceased became separated from his father 4/5 years ago before the occurrence. 8/9 months before the day of occurrence, Manphul appellant also separated from his father. In the family partition, a vacant plot fell to the share of Manphul appellant, while a constructed building fell to the share of Sube Singh. However, Sube Singh permitted Manphul accused to continue living in one Kotha of the share which had fallen to him upto the month of Jeth. On 30th May, 1986 the deceased told his brother Manphul accused to vacate the Kotha. The accused, however, showed his unwillingness. Again on 31st May, 1986 at about 7 P.M. the deceased told the accused in the presence of his father to vacate the Kotha. The accused took affront, went inside the Kotha, brought a two pronged Jaili and gave a thrust on the right side of the navel of Sube Singh. The occurrence was witnessed by Baru, father of the deceased and the accused, who tried to intervene. Manphul accused ran away when he saw Pappal son of Teka, who resides in the neighbourhood of the deceased and the accused.

(3.) THE accused was arrested by S.I. Prabhu Ram (P.W.9) on 19th June, 1986 and was interrogated about the weapon of offence on 20th June, 1986 in the presence of Baru Ram and A.S.I. Mohinder Singh. In the disclosure statement the accused stated that he got concealed a Jaili in his Bara. The disclosure statement is Ex. PU. It was thumb marked by the accused and attested by the said witnesses. The disclosure statement was read over and explained to the accused before he thumb-marked the same. The accused led the Police Party and the witnesses to the specified place of concealment and got recovered Jaili (Ex.P1) and it was taken into possession vide recovery memo. Ex. PU/1. A sealed parcel was prepared of the Jaili.