RAJRUP AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAJRUP alias Babli, Rajpal alias Palu sons of Kanwar Lal and Kanwar Lal son of Ram Dhan ( since deceased) through this instant appeal have impugned the judgment/order dated 31.10.1998/2.11.1998 respectively rendered by Additional Sessions Judge, Jhajjar in Sessions Case No. 6 of 12.1.1993 in case FIR No. 171 dated 22.9.1992 under Sections 302/325/323/34 IPC, Police Station Beri, whereby Rajrup, Rajpal and Kanwar Lal were convicted under Sections 302/325/323/34 IPC and were sentenced to undergo imprisonment as under:

(2.) DURING the pendency of trial, Rajender Singh had expired. During the pendency of appeal, Kanwar Lal, one of the appellants had also expired.

(3.) SHO , Police Station Jhajjar informed PS Beri regarding death of Ranbir Singh. On receipt of message, Brij Lal, ASI along with other police party had gone to Civil Hospital, Jhajjar. Dead body of Ranbir was lying in the emergency ward. Sube Singh was lying admitted in the emergency ward. After obtaining opinion from the doctor regarding fitness of the injured to make statement. Statement of Sube Singh was recorded. Statement was read over and explained to him, who had thumb marked the same in token of its correctness. The statement was sent to police Station on the basis of which formal FIR under Sections 302/323/34 IPC was registered. Inquest report was prepared by ASI, Brij Lal. Application was moved for post mortem examination of the dead body of Ranbir Singh. After that investigation of the case was handed over to Shish Ram - Inspector. Inspector Shish Ram along with the police officials including, ASI, Brij Lal and others had gone to the place of occurrence. But due to darkness and night time place of occurrence could not be inspected. One constable was deputed to guard the place of occurrence. Inspector along with party had gone to the house of the complainant. Statement of Prem daughter of Sube Singh was recorded under Section 161 Cr.P.C. Investigating Officer had inspected the place of occurrence and prepared a rough site plan. Blood stained earth was lifted and the same was made into a parcel sealed with the seal bearing impression 'SR' and was taken into possession vide memo attested by witnesses. Seal after its use was handed over to PW -Ramesh. Statements of Jai Pal, Vijay, Sumer and Ramesh were also recorded under Section 161 Cr.P.C. Sunil was also sent to hospital for medico legal examination. Inspector Shish Ram was present at Jahajgarh Chowk on 23.9.92. Constable Raj Karan had produced the sealed parcel containing the clothes worn by the deceased. Sealed parcel was taken into police possession vide separate memo attested by the witnesses. On return to the police station, case property was deposited with the MHC. On 27.9.1992, Inspector Shish Ram was present in the revenue estate of Village Jhajjar. There he received a secret information that Kanwar Lal, Rajpal, Rajender and Rajrup are present at bus -stand Jhajjar. Raid was conducted then the accused were arrested from the Bus stand of Jhajjar. On 28.9.92, accused were interrogated separately regarding the weapons of offence in the presence of Dharambir and Rati Ram. In pursuance of the disclosure statement suffered by Kanwar Lal, an iron pipe was recovered from the specified place. Sketch of the pipe was prepared and the pipe was taken into police possession after making into a sealed parcel.