LAWS(P&H)-2019-11-178

MOHINDER Vs. STATE OF HARYANA

Decided On November 25, 2019
MOHINDER Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Briefly stated facts of the case as per prosecution version are that a theft had taken place in house of deceased Sheo Ram at Village Bilaspur. Accused Mohinder had named Sanjeev Kumar, son in-law of deceased as a thief, while, the deceased himself suspected that the theft had been committed by Mohinder. A Panchayat was convened, wherein, it was found that Sanjeev Kumar was innocent. A fine of Rs.4000/- was and imposed by the panchayat upon Mohinder and he was asked to apologize to Sanjeev Kumar. Mohinder accordingly though apologized before Sanjeev Kumar but did not pay the amount of fine, rather, it was waived. For that reason, Mohinder started nurturing a grudge against deceased Sheo Ram and his family members for the humiliation meted out to him. Mohinder and Raj Kumar started extending threats to the deceased. It may be mentioned here that the deceased and accused are related inter se inasmuch as Sheo Ram deceased and Ram Kishan accused were brothers, Mohinder, Raj Kumar and Ram Dhan accused are sons of Ram Kishan, Sanjeev Kumar accused is son of Mohinder, Usha Rani accused is wife of Raj Kumar and Smt. Bachni Devi accused is wife of Mohinder; complainant Nirmal Kumar is son of Sheo Ram; Lal Chand PW10 is the son of Sumer Chand, another brother of Sheo Ram and Ram Kishan.

(2.) On 11.06.2000 at about 9.00 pm, while Nirmal Kumar was just closing his shop when Raj Kumar and Ram Dhan accused came there on a motorcycle. Raj Kumar was holding a gandasi. They threatened to kill Nirmal Kumar on that very day and then sped away. It so happened in the presence of Nawab Singh PW5 and Nayab Singh PW. Those two persons did not allow Nirmal Kumar to go home. After about 7-8 minutes, Nirmal Kumar heard noises coming from side of his house, which was located nearby. Nirmal Kumar accompanied by Nawab Singh and Nayab Singh rushed to his house and found that Raj Kumar, Mohinder, Ram Dhan having gandasi's, Ram Kishan having a lathi, Sanjeev Kumar armed with a ballam, Usha Rani having an axe and and Bachni Devi holding a gandasi, to be there. Raj Kumar gave a gandasi blow on head of Sheo Ram, Mohinder Kumar also gave a gandasi blow on his head, whereas, Ram Dhan gave a gandasi blow on chest of Sheo Ram. After receiving these injuries, Sheo Ram fell down on the ground. The remaining accused dragged him and caused injuries to him with their respective weapons. Lal Chand and his wife Taro Devi intervened, then, Ram Kishan gave four lathi blows on left shoulder and left leg of Lal Chand. Usha Rani gave an axe blow on the upper arm of Taro Devi. Bachni Devi gave gandasi blow on her head, whereas, Usha Rani gave another axe blow on her other arm. When the injured raised alarm, many villagers rushed to the spot and rescued them from the clutches of the accused. Then, all the accused left the spot with their respective weapons. All the three injured were taken to Civil Hospital, Bilaspur in a car, however, no doctor was available there. The nurses at the hospital declared Sheo Ram to be brought dead. Lal Chand and Taro Devi were taken to Civil Hospital, Jagadhri. Nirmal Kumar went to police station Bilaspur to report regarding the incident. He got his statement Ex.PQ recorded with Karan Singh, SHO (for short 'the IO'). Then, Karan Singh went to Civil Hospital, Bilaspur, where dead body of Sheo Ram was lying in a car. He got the dead body photographed by summoning a photographer to that place. He carried out inquest proceedings with regard to unnatural death of Sheo Ram, preparing report Ex.PD in that regard. He deputed HC Dal Singh and Constable Gurcharan Singh to get the post mortem examination conducted on the dead body of Sheo Ram and from Civil Hospital, Jagadhri, handing over written request Ex.PE to them. Then, the police party went to the spot. The IO carried out spot inspection. He prepared rough site plan of the place of occurrence. He lifted blood stained earth from the place of incident and took the same into possession, preparing a sealed parcel thereof. Then, the police party left for Civil Hospital, Jagadhri, where the IO moved an application Ex.PL seeking opinion of attending doctor regarding the fitness of Taro Devi to make statement. The doctor gave his opinion in affirmative. Thereafter, the IO recorded her statement. During the course of investigation, Mohinder and Usha Rani were arrested on 12.06.2000. Usha Rani had produced an axe before the IO, which was taken into possession, vide a recovery memo after preparing its sketch. On 14.06.2000, accused Mohinder was interrogated, during the course of which, he suffered a disclosure statement that he had kept concealed a gandasi under heap of residue of sugarcane near the crusher of Amarjit Singh and he could get the same recovered. Thereafter, in pursuance of his disclosure statement, he led the police party to the disclosed place and got a gandasi recovered, which was taken into possession after preparing its sketch and then convert into a sealed parcel.

(3.) On 15.06.2000, accused Ram Kishan, Ram Dhan, Raj Kumar and Sanjeev were arrested and interrogated. On 17.06.2000, during the course of his interrogation, accused Ram Dhan made a disclosure statement under Section 27 of the Indian Evidence Act that he had kept concealed a gandasi under heap of residue of sugarcane at the crusher of and one Tanvir Singh, resident of Kapuri Kalan and then in pursuance of that statement, got the gandasi recovered, whereas, Sanjeev Kumar had made a disclosure statement and got a ballam recovered from his possession. Raj Kumar making a similar statement had got a gandasi recovered from his possession. Ram Kishan making a statement under Section 27 of the Evidence Act had got recovered a lathi from his possession. All those weapons were seized by the police. Bachni Devi accused was arrested in this case on 21.06.2000. On 22.06.2000, Taro Devi produced her blood stained shirt which she was wearing at the time of occurrence, which was taken into possession.