NATHU Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Nathu and his son Dharam Pal and it has been directed against the judgment dated 26.5.1987 and order dated 27.5.1987 vide which the appellants were convicted under Section 304 Part 1. I.P.C. They were sentenced to undergo rigorous imprisonment for a period of six years each and to pay a fine of Rs. 200/- each. In default of payment of fine, each one of them was directed to undergo rigorous imprisonment for a period of three months. It may be mentioned here that alongwith Nathu and Dharam Pal, Sukhbir son of Nathu was tried for the offence but he has been given benefit of doubt.

(2.) IN brief, the case of the prosecution is that Fateh Singh deceased was real brother of Nathu appellant. Both Fateh and Nathu owned about 2 bighas of land adjacent to Jatheri-Sonepat road. Their lands are adjacent to each other. Fateh Singh deceased had installed a tubewell on a well situated in his land. He had declined to give water to the fields of Nathu appellant. Fateh Singh deceased did not allow the water to pass to the field of Nathu accused. A panchayat for that purpose was held in the village which was attended by Dhan Singh and certain others. There also Fateh Singh deceased was adamant and this was the cause of bad blood between the deceased on one side and the accused persons on the other side.

(3.) IT is further the case of the prosecution that Fateh Singh used to return by 7.30 a.m. and leave his home on a hooter given by the factory. When Fateh Singh deceased failed to return home at 7.30 A.M. his wife, Vidya Wati (PW.4) went to the field and found the dead body of her husband lying in the field of Bhagwana. She returned to the village and brought Dewan Chand Ex. Sarpanch and Ude Singh Chowkidar. Leaving behind the chowkidar to guard the dead body, she started for the Police Station. However, at the local bus stand she happened to meet ASI Sube Singh. It was 10.30 A.M. The A.S.I. recorded her statement Ex. PG. The same was sent to the Police Station with an endorsement that it should be recorded in the Daily dairy as the police did not know the cause of death by that time. He also prepared inquest report Ex.PB in the presence of Dewan Singh Ex.Sarpanch and Ude Singh chowkidar. The dead body was sent to Civil Hospital Sonepat where post-mortem examination was conducted on the dead body by Dr. Pawan Kumar Chaudhary at 5.30 P.M. The doctor found a small abrasion on the left upper aspect. He also found fracture of the ribs of the deceased. On receipt of the post-mortem report formal F.I.R. Ex.PG/3 was recorded at 7.00 P.M. on the same very day and thereafter investigation was taken up by ASI Sube Singh. A sealed parcel of clothes of the deceased removed by the Doctor Chaudhary at the time of post-mortem examination were taken into possession. Investigating Officer also visited the spot and recorded the statements of the witnesses. He also prepared rough site plan Ex.PL.