PAPPU ALIAS MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants stood charged under Section 302 read with Section 34 Indian Penal Code, for having committed the murder of Udal alias Raju deceased on the evening of March 11, 1987. On a consideration of the circumstantial evidence on which the prosecution had sought reliance the trial Court held that the charge has been brought home to the appellants. Accordingly Pappu and Man Singh appellants have been convicted under Sections 302/34 Indian Penal Code and each of them has been sentenced to undergo imprisonment for life and a fine of Rs. 500/- or in default of payment of fine to undergo further R.I. for six months.

(2.) THE prosecution case in brief is that Chander Pal PW is an employee in the office of Haryana State Electricity Board at Tigaon, District Faridabad as a Peon whereas he resides in Adarsh Colony Sallagarh City Palwal and is a daily passenger from his residence to his place of duty. Chander Pal originally hails from village Dandsa in District Faridabad. Accused Man Singh originally belongs to village Tosh in District Mathura (U. P.) but he lived with his co-accused Pappu and started selling vegetables. Man Singh accused was married about 13/14 years back with Smt. Drop daughter of Nanwa of village Dundsa and said Nanwa was the uncle of Chander Pal PW. About 5/6 years prior to the present occurrence, it came to the notice of Chander Pal that Man Singh accused started mal-treating and beating his wife Drop as a result of which she got fracture in one of her legs and thereupon her parents declined to send her with Man Singh accused. She was, however, sent with some one else to live with him as his wife. All this annoyed Man Singh accused who started visiting the house of Chander Pal to seek his help but of no avail.

(3.) DR . Narinder Kumar Goel PW. 1 conducted autopsy on the deadbody of Udal on 13-3-1987 at 10.00 A. M. and found as many as 47 incised wounds as detailed in the post-mortem report Ex.PA. Death was opined to be due to shock and have morrhage as a result of multiple injuries which were sufficient to cause death in the ordinary course of nature. The probable time that elapsed between injuries and death was stated to be within a few minutes and between death and post-mortem within 24 to 40 hours. After necessary investigation, the accused were challaned and committed. The prosecution examined as many as nine witnesses in support of its case. When examined under Section 313 Criminal Procedure Code, the accused denied the prosecution allegations. and pleaded false implication in the case but led no evidence in defence.