RAVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants in this appeal viz. Ravinder Kumar (A -1), Rajinder Singh, (A -2), Chandan Singh (A -3), Janak Singh (A -5) alongwith Rajinder Paul (A -4) were charge -sheeted to stand session trial for the murder of Desh Raj on October 31, 1989 at 8 30 p. m. at a place known as Sapru. Rajinder Paul (4 -A) was acquitted but the appellants were convicted under section 302 of the Indian Penal Code by the Additional Sessions Judge (I), Kangra Division at Dharamshala on 21 -9 -1991 and sentenced to life imprisonment and to pay a fine of Rs. 5,000 each. In default of payment of fine to suffer rigorous imprisonment for five years.

(2.) The facts of the prosecution case may be briefly stated: - "The appellants were employed by M/s, Mahesh Wood Product, Sonipat, which was carrying on the works of extraction of ˜Katha at village Pansal There existed a rival firm in the name and style of M/s Mahesh Udyog dealing in the extraction of ˜Katha. Desh Raj Sood was an employee of the rival firm M/s Mahesh Udyog, The appellants were the employees of M/s. Mahesh Wood Product. Some altercation took place in between Desh Raj and A -5 on October 31, 1989, A -5 lodged a report at Police Station, Haripur on the basis of which First Information Report No. 65 of 1989 was registered under sections 324 and 247. I. P. C. According to the report Desh Raj alleged to have stabbrd A -5 on the right side of the back. After reporting the matter to the Police, A -5 went to ˜Dera (quarter) of Desh Raj at village Sapru to take vengeance -of such altercation, Desh Raj was living at the Dera alongwith Yash Pal, Kulvinder Singh and Roop Singh. The appellants went to the Dera of Desh Raj at about 9 p. m. in a Maruti Van. They called out Desh Raj and on hearing their call Desh Raj came out of his Dera. Thereafter, A4 and A -2 took Desh Raj a little farther from the ˜Dera to a dark place It is the prosecution case that they stabbed Desh Raj and thereafter all the five accused persons boarded the Maruti Van and fled away from the place Desh Raj was with great difficulty able to crawl back to the Dera with a stab wound on his stomach. He thereafter instantaneously succumbed to the injury there and then on the cot in front of the ˜Dera. The matter was reported by Roop Singh and Sushil to Shri Lachman Singh, Pradhan of Gram Panchayat Kherian. When Shri Lachman Singh confirmed about the death of Desh Raj, then he alongwith Sushil Kumar, Roop Chand and Yash Paul went to the Police Station, Haripur for the purpose of lodging the report, F. I. R. No, 66 of 1989 (Ext. PD) was registered at Police Station, Haripur at 2:30 a.m. under section 302/34, I. P. C. S. L Durga Datt, Police Station Haripur went to the scene of occurrence and reached at village Sapru at 3 15 a. m, and started investigation, He filled the inquest report (Ext PE) and had taken photographs of the dead body of Desh Raj through Sukhi Ram, He thereafter arranged to send the dead body of Desh Raj for post -mortem examination to Zonal Hospital Dharamshala. The Investigating Officer prepared a site plan (Ext. PR) recovered one Thaintha (Ext. P 12) which was lying near the place of occurrence and took the same in possession through recovery memo (Ext. PF). He also took into possession the bamboo stick (Ext. P -13) through recovery memo (Ext PF). Maruti Van allegedly used by the accused was also taken into possession through recovery memo. (Ext. PL). He recorded the statements of witnesses and arrested the accused. During the interrogation, on November 6, 1989 A -] made disclosure statement (Ext. PM) in the presence of Panch witnesses namely Jeet Ram and Surinder Kumar. On the basis of the disclosure statement knife (Ext, P -U) was recovered on November 7, 1989 through recovery memo (Ext. PH) and sketch of the knife is Ext. PG."

(3.) After completion of the investigation, charge -sheet was laid before the Judicial Magistrate, Dehra who committed the same to the Court of Sessions Judge, Kangra at Dharamshala and ultimately case was assigned to the Additional Sessions Judge, for trial, 4, On May 16, 1990 charges under section 302 read with section 34 of the Indian Penal Code were framed against the accused At the trial in the Court of Additional Sessions Judge, the accused abjured their guilt. Appellant Ravinder Kumar in his statement under section 313, -Cr. P. C. has stated that on October 31, 1989 he was going in the Barat of the younger brother of appellant Janak Singh to village Haripur, They were travelling in a Maruti Van. When Maruti Van reached at village Sapru then Desli Raj and Roop Chand etc being tipsy stopped the Van. When he, Janak Singh and other occupants of the Van came out of the same, then Desh Raj and his companion started beating them with ˜Lathies. The driver had taken the Van a little ahead. When Janak Singh was going to sit in the Van then he was stabbed by somebody. He also received injuries in that incident and thereafter at about 9 p. m they lodged the F. I. R. at Police Station Hamirpur. He has further stated that he is an employee of M/s. Mahesh Wood Products which is owned by Ved Parkash Mehta of Delhi. The deceased was working in M/s, Mahesh Udyog, the owner of which is Shri Bishan Das Mehta. The prosecution witnesses produced are also employees of M/s. Mahesh Udyog and that is the reason that they have deposed against him falsely, Appellant Rajinder Singh has also stated that the witnesses are workers of M/s Mahesh Udyog whereas he is an employee of Mahesh Wood Products and due to the rivalry of the firms involved in the extraction of Katha all the prosecution witnesses have falsely implicated them in this case. Appellant Janak Singh has also made the same statement as stated by appellant Ravinder Kumar. Appellant Chandan Singh has also made similar statement as that of Rajinder Singh. Rajinder Paul has also stated that due to the ravalry between the two firms involved in the extraction of Katha, the prosecution witnesses are falsely implicating him in this case. In support of defence one witness namely Vijay Sood Clerk of Court of Sub Divisional Judicial Magistrate, Dehra was examined. He has proved the entry in the register kept by the court and according to him F, I. R. No. 66 of 1989 (Ext. PD) was received in the Court on 1 -11 -1989 at 11 a. m. and entered at serial No. 66.