MANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is by Mani Ram son of Karam Chand against the judgment of conviction dated 06.11.2003 and order of sentence dated 07.11.2003 passed by the learned Addl. Sessions Judge, Hisar, convicting and sentencing the Appellant for life imprisonment for the offence punishable under Section 302 and to pay a fine of Rs. 2000/ -. In default of payment of fine, the Appellant was directed to undergo further rigorous imprisonment for a period of two months. The Appellant was also convicted and sentenced to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 201 IPC and to pay a fine of Rs. 1000/ -. In default of payment of fine, the Appellant was directed to undergo further rigorous imprisonment for a period of one month. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case was set in motion on the statement of Ishwar resident of Dogran Mohalla, Hisar, made to ASI Ram Singh at about 10.00 pm on 26.04.2002. In his statement (Ex.17), Ishwar has stated that his elder brother Dilbag is residing at Vinod Nagar, Hisar with his family. His father used to live with him. Today i.e. 26.04.2002, his father had gone to Vinod Nagar, Hisar to meet his brother Dilbag. He went to Vinod Nagar to see his father, as he did not return by 4.00/5.00 pm. On reaching Vinod Nagar, he came to know that Mani Ram son of Karan Chand, resident of Tarsem Nagar, Hisar (the present Appellant), who is his uncle in relation was having some altercation with his father in Tarsem Nagar Dharamshala. On reaching at the gate of Dharamshala, he saw that Mani Ram was giving brick blows badly on the head of his father in the verandah of Dharamshala. He further stated that when he tried to dissuade Mani Ram, he rushed towards him with a brick and threatened him that he would finish him also. Due to fear, he went to Vinod Nagar to his brother Dilbag, where he met his father's elder brother Surja (Tau), who was already sitting in the house of his brother. He narrated the entire story to his uncle Surja and brother Dilbag that Mani Ram was giving brick blows to his father in the Dharamshala. Thereafter, all three reached Dharamshala and found that Mani Ram was standing at the gate of Dharamshala and was saying that Parbhati has been finished, as he was talking bad things about the wife of his deceased brother. Mani Ram further stated that if anybody tried to advice him (nasihat), then he will finish him as well. Upon this, he, his brother Dilbag and his uncle Surja over -powered Mani Ram. He has stated that when Mani Ram was giving brick blows to his father at that time Mani Ram was wearing chequered shirt of red colour and white pyjama, but when they reached again at Dharamshala, Mani Ram changed clothes. After over -powering Mani Ram, they went inside the Dharamshala and found that their father was lying dead in the verandah of Dharamshala. The skull of his father was crushed on account of brick blows hurled by Mani Ram and lot of blood was lying splashed. The bricks were also lying at the spot. The cause of grudge was said to be advice of his father to Mani Ram that he should not have illicit relations with the wife of his deceased brother. Having this malice in mind, Mani Ram murdered his father today at about 6.00/6.30 pm by giving brick blows on his head. He further stated that he came to know that in the Dharamshala many persons were also drinking and playing cards and those persons also know about the occurrence. After leaving Mani Ram with his father's elder brother Surja and brother Dilbag at the place of occurrence, ASI Ram Singh met him and he got recorded his statement. On the basis of such statement, ruqa Ex.P24 was sent to the Police Station for registration of a case. On receipt of such ruqa, FIR Ex.P18 was lodged at about 10.30 pm on the same day. The special report was received by the learned Magistrate at about 2.40 am on 27.04.2002.

(3.) AFTER completing the other necessary formalities and chain of circumstances, the accused was made to stand trial for the offences punishable under Section 302 IPC i.e. for committing murder of Parbhati and under Section 201 IPC i.e. to cause disappearance of the evidence of offence.