KHIALI RAM AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) It is not uncommon, though certainly unfortunate, that the blood relations like the real brothers commit murders of each other and may also rope in one and another falsely in cases of alleged serious violence. In the case in hand, one of the two appellants Khiali Ram, aged 46 years, is the real brother of the deceased Bhag Singh, aged about 55 years, as well as the real brother of Lalji (PW.5). They belong to village Hindwan, in the area of police station Sadar, Hisar, in Haryana. They are agriculturists. Khiali Rain accused and Lalji (PW. 5) had admittedly purchased/got in exchange 8 killas of land from one Tulsi. However, Khiali Ram accused alone had usurped the whole land and had built his house in the said land. This was the bone of contention between the two. The other co-accused Krishan Kumar is the wife's brother of Khiali Ram accused. On the other hand, Om Parkash (PW. 6) is the wife's brother of Bhag Singh deceased and he was also having a full knowledge of a land dispute between the two brothers Lalji (PW. 5) and the accused Khiali Ram. Besides this, a water course irrigating the lands of Bhag Singh deceased ran through a part of the field of one Jai Pal in the aforesaid village. A part of the water course was demolished by Jai Pal, as a result of which a Civil litigation in the the Civil Court ensued vide a Civil suit, copy of which is Ex. Dg. However, since the other lands of Khiali Ram accused were joint with Lalji PW and others, therefore, all the persons were made defendants in that civil suit. There were security proceedings also under Section 107/151 Cr. P.C. This also led to a bad blood between Bhag Singh on the one hand and Jai Pal on the other. As a consequence thereof Bhag Singh used to attend the Courts located in Hisar.

(2.) So on the morning of 22.11.1993, Bhag Singh had started for Hisar to attend some case in the Court and he did not return thereafter. Bhim Singh (PW. 4), a son of the deceased, who was a student of Jat College, Hisar, and used to keep his bicycle in the Baithak of his house, came to the said Baithak, on 23.11.1993, in the morning and found the door closed. He opened the same and found the dead body of his father Bhag Singh lying on the floor with blood stains (photographs Ex. P1 to P3). A part of the Dhoti worn by the deceased was tied around the neck of the deceased and the body was virtually lying in a pool of blood. It was the natural reaction of the son that he informed his brother Sube and mother Raj Kaur and made a statement Ex. PE before the police, at 2.30 P.M., on 23.1 1.1993, on the basis of which formal F.I.R. Ex. PE/2 was recorded. The F.I.R. did not contain the names of the appellants Khiali Ram and his wife's brother Krishan Kumar.

(3.) The Investigating Officer ASI Kanwar Singh (PW. 8) reached the spot and picked up the blood stained earth, pair of juttis, a torn pocket with pen, one button and a plastic Dabba. These articles were sealed in a parcel and taken into possession vide memo Ex. PP. He prepared inquest report Ex. PN, rough site plan Ex. PO showing the place where the dead body was lying.