DES RAJ Vs. STATE

JUDGEMENT

(1.) At the very outset, it needs to be mentioned here that initially four accused namely (i) Subhash Chander, (ii) Des Raj, (iii) Surinder Pal alias Pappu & (iv) Smt. Asha Rani were put to trial in this case. Smt. Asha Rani stood discharged by the Trial Court at the time of considering the case for charge, whereas Subhash Chander stands acquitted vide impugned judgment. The State neither assailed the order of discharge earned by Smt. Asha Rani nor acquittal earned by Subhash Chander. This is how accused Des Raj and Surinder Pal are before us through the present two appeals viz., Criminal Appeal Nos. 13/2009 & 14/2009. Learned Trial Court has sent the entire record to this Court in terms of Section 374 Cr.P.C. (State Code) for confirmation of life sentence imposed upon both the accused. Hence Confirmation No. 04/2009. Accused-Des Raj is being represented by Mr. B.L. Kalgotra, Advocate, and accused Surinder Pal by Mr. V.B. Gupta, Advocate. Mr. H.A. Siddiqui, learned AAG, represents the State. Deceased in this case is one Rajinder Kumar. Date of occurrence is of 25.06.1998 and place of occurrence is shop of the deceased situated at Village Hakal falling within the jurisdiction of Police Station, Satwari. Time of occurrence is about 8.30/9.00 p.m. FIR lodger/complainant is Narinder Kumar, the real brother of the deceased, who immediately after the occurrence lodged a verbal report (EXPW-NK) in concerned Police Station alleging therein that on the previous day i.e. 24.06.1998, accused Des Raj had come to his shop and started using abusive language upon which he and his brother (Rajinder Kumar-deceased) prevented him which resulted into a scuffle between them resulting into intervention of the villagers. It is then alleged that while leaving the shop, accused Des Raj threatened that he would teach a lesson to him and his brother. It is further alleged that on 25.06.1998 at about 9.00 p.m. accused Des Raj along with accused Surinder Pal alias Pappu came to the shop of the complainant and his brother and told them that they had become 'Badmash' upon which they (complainant and his deceased brother) said that 'what does he mean by that'. On this, accused Des Raj gave a blow on the face of complainant Narinder Kumar and then took a 'Kirch' from his dub and tried to assault him. It is then the case of the complainant that his deceased brother who was present on the shop tried to save the complainant upon which accused Des Raj made a murderous assault by Kirch on the deceased and attacked him repeatedly and that accused Surinder Pal kept catching hold of victim. Thereafter, the accused fled away from the scene of occurrence. The injured was immediately shifted to GMC hospital and on the way he got down to lodge the report. On the said verbal report a case FIR No. 83/1998 came to be registered immediately under section 307/34 RPC.

(2.) The investigation of the case was assigned to PW-Ahmed Din, ASI who reached the hospital for recording the statement of the victim but was told by the concerned Doctor that he was not fit to make a statement. Ultimately, victim Rajinder Kumar succumbed to the injuries on the same night which resulted into conversion of main offence from 307 to 302 RPC.

(3.) During investigation, accused Des Raj was apprehended who made a disclosure statement with regard to the concealment of weapon of offence i.e. Kirch which was recovered and sent to FSL for chemical analysis.