NAVEEN ALIAS TINKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall also dispose of the connected Criminal Appeal No. 649-DB of 2007 (Ravinder alias Ravi v. State of Haryana) as both these matters arise out of a judgment dated 17-7-2007, passed by learned Additional Sessions judge, Sonepat, in Sessions Case No. 58 of 13-5-2006/2005, whereby both the accused appellants have been held guilty under Sections 452 and 302 read with Section 34, I. P. C. and sentenced to undergo 3 years' R. I. with a fine of Rs. 1000/-; in default of payment of fine, to undergo further RI for 6 months on first count and imprisonment for life with a fine of Rs. 5,000/-; in default of payment of fine, to undergo further R. I. for one year on second count.

(2.) AS per prosecution case, on 12-10-2005, ASI Baljit Singh (PW15) of P. S. Kharkhoda received a telephonic information from police post of PGIMS, Rohtak, regarding admission of Sandeep (since deceased) son of Dharambir resident of village rohna in injured condition as a result of assaults caused to him. ASI Baljit Singh alongwith EHC Bijender Singh and EHC Shiv kumar (PW 10), set out for PGIMS Rohtak, and having reached there, collected the ruqa ex. P1/1 and a copy of MLR (Ex. P1) pertaining to the injured. Thereafter, he went to ward No. 4 where he moved an application (Ex. PL) to the casualty Medical Officer seeking his opinion as to the fitness of injured Sandeep to make a statement. But, the doctor on duty, vide his endorsement (Ex. PL/1) declared the injured unfit to make statement. A cousin of injured Sandeep, namely Jitender (PW3) son of Mahabir was found present there. He got recorded his statement that he was an agriculturist and a resident of Rohna. His cousin Sandeep son of Dharambir was running a poultry farm in his fields where he had also installed a tubewell in a room constructed there. Jitender further told that on previous day, i. e. , 11-10-2005, at about 4 p. m. , there had been an incident of altercation between injured Sandeep and Ravinder alias Ravi son of Kartar Singh, and Tinku son of Mahabir, both residents of Rohna over some matter. Ravinder and, Tinku had then threatened injured Sandeep to kill him. The complainant further states that on 11-10-2005, the date of altercation, at about 9 p. m. , Sandeep had gone to his fields to water paddy crops and had slept in the fields itself. Poultry farm was lying vacant at that time. The complainant further stated that in the morning on 12-10-2005, at 4. 00 a. m. , he went to the fields carrying tea for his cousin Sandeep and saw that Sandeep was lying unconcious on a cot in the pool of blood inside the room. He also noticed that blood was oozing out of his head where he had been caused injury. Having seen it, he came back home and informed about the occurrence to his family members. Then. , he accompanied by his aunt devi wife of Dharambir, uncle Dharambir (PW 2) son of Mauji Ram, Bijender son of balbir, and Devender son of Mahabir, all residents of Rohna came to the fields in a jeep. They put injured Sandeep in the jeep and brought him to PGIMS, Rohtak, for treatment, and thus, he was admitted there. Complainant further disclosed that he was sure that only accused Ravinder and Tinku had caused injuries with some weapon to injured Sandeep with an intention to cause his death after entering the kotha (tubewell room) of the fields on account of altercation of the previous day.

(3.) ASI Baljit Singh made his endorsement on the statement (Ex. PD) aforesaid vide the endorsement (Ex. PL/2) and sent it to the police station through EHC Bijender singh for registration of an FIR. Pursuant thereto, ASI Azad Singh (PW 4) registered the FIR (carbon copy Ex. PF ). ASI Baljit Singh (PW 15) also recorded the statements of Smt. Devi and Bijender at PGIMS, Rohtak, under section 161, Cr. P. C, and thereafter, he proceeded to the scene of occurrence being accompanied by EHC Shiv Kumar and devinder son of Mahabir. The scene of occurrence was inspected in the presence of smt. Kamlesh Rani, SSO. A dog squad was also called and the photographs were taken by photographer Shiv Kumar (PW 12 ). During the course of inspection of the scene of occurrence, a blood stained Gadela (a cushioned mattress) (Ex. P2) lying on the cot was cut. Apiece of blood stained baan (jute) (Ex. P1) was also cut and put in a plastic box. Blood stained earth (Ex. P4) was collected from under the cot and put into a small box. A pair of chappal (Ex. P-3) was also collected from the spot. All these articles were made into parcel and sealed with seal 'bs' and then taken into possession vide recovery memo (Ex. PC), which was attested by Devinder singh and Dharambir (PW2 ). Seal after use was handed over to Devinder Singh. A site plan (Ex. PL/3) of the scene of occurrence was also prepared and statements of witnesses were recorded. Thereafter, ASI Baljit singh (PW 15) received information that injured Sandeep succumbed to the injuries, therefore, Section 302, I. P. C. was added. A special report (Ex. PF/2) about the incident was also sent by ASI Azad Singh under Section 157, Cr. P. C. ASI Baljit Singh then reached PGIMS Rohtak and conducted the inquest proceedings. On his return to police station, further investigation was taken over by SI/sho Sahab Singh (PW 16 ). On 13-10-2005, post mortem examination on the dead body of Sandeep was conducted. After the post mortem examination, a sealed parcel containing clothes of the deceased alongwith the copy of PMR was handed over to the police, which was taken into possession by SI Saheb Singh (PW 16) in the presence of EHC Shiv Kumar and ASI Baljit singh, vide memo (Ex. PK ). During the course of further investigation of this case, rajesh (PW 13) son of Maidhan (brother-in-law of the deceased), produced accused ravinder alias Ravi at the bus stop of village Rohna. As per statement of witness rajesh, accused Ravinder Singh had made an extra-judicial confession before him regarding committing the offence alongwith co-accused Naveen alias Tinku. Statement of witness Rajesh was thus, recorded and accused Ravinder was taken into custody vide arrest memo. The accused was produced in the Court on 15-10-2005 and his police remand was obtained till 18-10-2005. On 17-10-2005, co-accused Naveen alias Tinku was arrested on being produced by one yashbir to whom he has also made an extra-judicial confession. Statement of Yashbir was also recorded and then co-accused naveen was taken into custody vide an arrest memo. On 17-10-2005 itself, accused ravinder alias Ravi was interrogated in the presence of ASI Baljit Singh and complainant Jitender. Co-accused Naveen disclosed that the kassi with which he had caused injuries to deceased Sandeep had been concealed by him in the heap of 'purali' in his gair about which he alone had the information. He also offered to get the same recovered. His disclosure statement (Ex. PE), was reduced into writing. Thereafter, the accused, led the police party to the pointed out place and got the recovery of kassi effected. Measurements of the blade of kassi were also taken and its sketch was prepared. The kassi was then converted into a, parcel by SI Sahab singh and sealed with his seal 'ss'. The sealed parcel was taken into possession vide recovery memo (Ex. PE/2 ). A site plan (Ex. PL/3) of the place of recovery was also prepared. During the course of further investigation, a scaled site plan of the place of offence was also got prepared. These parcels were sent to FSL, Madhuban, for chemical examination. After the statements of witnesses were recorded, and the investigation was completed, a challan under Section 173, cr. P. C, was submitted by SI/sho Sahab singh in the Court of concerned Area Judicial Magistrate. Finally, he committed the case to the Court of Sessions. The trial Court framed charges under Sections 302 and 452 read with 34, I. P. C. on 19-12-2005. The accused persons pleaded not guilty to the charges and claimed trial.