SIRI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeal No. 70-DB of 2000, Criminal Revision No. 679 of 2000 and Criminal Appeal No. 533- DBA of 2000, arising out of judgment and order dated January 4, 2000, and January 6, 2000, respectively, vide which appellants Siri Chand and Raj Pal were convicted for commission of an offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life, whereas their co-accused Jai Singh and Sushil Kumar were acquitted of the charge framed against them. State has filed Criminal Appeal No. 533-DBA of 2000 and complainant has also filed Criminal Revision No. 679 of 2000, impugning their acquittal.

(2.) DEATH of Ram Dia son of Kundan, aged about 85 years, on April 6, 1998, was the reason to initiate criminal proceedings against the four accused named above. Initially DDR No. 34 (Ex. DA) was recorded on April 7, 1998, at the instance of PW2 Subhash in Police Station GRP Karnal, wherein it was stated that the deceased had gone out of his house, towards Railway line, to answer call of the nature, at 6.30 PM, one Raghbir Singh informed Prem Singh (PW11) that he had seen Ram Dia deceased lying in an injured condition near the Railway track. Subhash (PW2) along with others went to the place indicated by Raghbir Singh. When they were taking Ram Dia to the Hospital, he died on the way. After receipt of intimation, police came to the spot, prepared inquest report of the dead body and sent it for post-mortem examination. On a statement made by Prem Singh (PW11), on April 7, 1998, an FIR Ex. PL/1 was recorded against the accused named above for committing murder of Ram Dia. The above named witness has stated that litigation was pending between the parties. The accused had earlier threatened to teach lesson to the witness and on account of that it was suspected that the accused might have committed murder of Ram Dia, his father. It is also apparent on record that by recording statement of Rakam Singh (PW10) on April 9, 1998, the prosecution introduced story of last seen the deceased near the accused. This witness has stated that he had seen the accused, who were armed, following the deceased towards the Railway track on April 6, 1998. It is necessary to mention here that Subhash Chander (PW2) and Rakam Singh (PW10) are real brothers. They are also closely related to the deceased being his grand sons.

(3.) ON completion of investigation, final report was put in Court for trial. The accused were charge-sheeted , to which they pleaded not guilty and claimed trial. The prosecution produced 17 witnesses and also brought on record documentary evidence to prove its case. On conclusion of prosecution evidence, separate statements of all the accused were recorded under Section 313 Cr.P.C. Incriminating material existing on record was put to them, which they denied and pleaded false implication. However, they led no evidence in defence. The trial Court on appraisal of evidence, convicted and sentenced Siri Chand and Raj Pal. However, Jai Singh and Sushil Kumar were acquitted of the charge framed against them.