RAJAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 11.09.2014 passed in Sessions Case No.50 of 2014 (RBT) by Sessions Judge (Exclusive Court), Jhajjar, by which the appellant-Rajan son of Kailash @ Kanhiya was convicted for the offences punishable under Sections 302 and 449 IPC and sentenced to undergo rigorous imprisonment for life and fine, the present appeal was filed by him in this Court.

(2.) The case of the prosecution is that on 08.07.2013 information was received from control room Jhajjar that Sahil son of Manoj had been hospitalized in General Hospital, Bahadurgarh. On this information HC Mandeep along with Constable Naveen reached the hospital where they came to know that Sahil was referred to PGIMS, Rohtak. They went to PGIMS, Rohtak and found that Sahil had succumbed to the injuries. Ruqua was prepared. As per MLR three injuries were noticed upon the person of Sahil. Injury No.1 has been opined to have been inflicted by sharp weapon while injury Nos.2 and 3 were opined to have been inflicted by blunt weapon. The police recorded the statement of Manoj Kumar father of the deceased. He stated in his statement that he was working in a private factory at Rohad. He has one daughter and two sons. Sahil was his eldest son aged about 16 years old and studying in 8th standard. On 07.07.2013 at about 11.30 a.m. his daughter Mansi was playing with balloon in the street in front of the house of his uncle Dilbag, Vicky son of Ravi Shankar burst her balloon to which Mansi objected and then Vicky and Ashu sons of Ravi Shankar beaten her. Mansi returned home in tears and narrated the incident to her mother Pramilla. When Pramilla went to the house of Ravi Shankar she was abused by children of Ravi Shankar namely Vicky, Ashu and Suchita. She came back. When he returned from his duty at about 5.00pm his wife told him the whole incident. He made a telephone call to Ravi Shankar and told him everything then Ravi Shankar assured him that he would counsel his children and thereafter meet him. However, Ravi Shankar did not meet him in the evening. On the next day i.e. 08.07.2013 at about 8.30am he therefore, went to the house of Ravi Shankar. Ravi Shankar's children were in the house. When he inquired from the children as to why Mansi was beaten by them, the children misbehaved with him. He gave a slap to Vicky intending to make him understand not to repeat such type of mistake in future and he came back to his house. At 11.00 am when Manoj and his family was taking meal at their house, suddenly Ravi Shankar his brother Anand and their nephew Rajan and father of Rajan-appellant entered their house. They bolted the door of the room from inside and started beating them. Rajan tried to stab him with knife but his son Sahil came between and the knife hit forehead of Sahil on the right side. Wife and children of Manoj raised alarm. People gathered on the spot. Sahil was taken to the hospital where he expired as stated above. The police conducted investigation and after that filed the challans in the Court. The knife was recovered at the instance of appellant-Rajan. The trial Court heard the evidence and thereafter convicted the appellant as stated above. ARGUMENTS:

(3.) Learned counsel for the appellant submitted that the prosecution has relied on the evidence of witnesses who were all interested witnesses and their evidence should have been rejected by the trial Court. The evidence of the alleged eye witness i.e. PW-1 Manoj Kumar/complainant, who lodged report immediately after Sahil was taken to the hospital, PW-2 Mansi and PW-3 Sunil, should have been disbelieved as all are interested witness. It is then argued that there were so many neighbours who had came to the spot since the incident took place in the morning itself and none of them was examined and the prosecution was guilty of withholding the examination of independent witnesses and therefore the appellant deserves to be acquitted.