LAWS(P&H)-2019-2-37

BABU LAL Vs. STATE OF HARYANA

Decided On February 15, 2019
BABU LAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This judgment shall dispose of three connected criminal appeals i.e. CRA-D-40-DB-2004, CRA-D-63-DB-2004 and CRA-D-120-DB-2004, filed by Babu Lal, Dinesh Kumar and Devender (appellants) against judgment of conviction dated 6.12.2003, passed by learned Additional Sessions Judge-I, Faridabad, whereby they were convicted under Sec. 302 Penal Code read with Sec. 34 Penal Code and order of sentence dated 8.12.2003, vide which they were sentenced to undergo imprisonment for life each and fine of Rs. 10,000.00 each, in default of payment of fine, to undergo further rigorous imprisonment for 3 years. Out of total amount of fine recovered, 75% thereof shall be paid as compensation to Smt. Mathuri Devi, mother of deceased Vishnu.

(2.) Facts of case are that on 29.12.1999, around 12.00/1.00 Noon, Mathuri widow of Hari Chand (complainant), aged about 60 years, resident of village Faridpur, accompanied by her son Vishnu were going from their house to fields. They were having litigation with one Mani Ram and on this account, they had developed some ill will. Tej Pal, son of complainant and Om Wati, her daughter-in-law were also going behind them. When all of them reached outside village, accused Dinesh, Naresh, sons of Mani Ram, Dharam and Devender, sons of Sukhi Ram, Babu Lal, son of Aji Ram, Sat Parkash, son of Tulsi Ram, Khillu, son of Bhulle Ram, Mani Ram, son of Duli Ram and elder handicapped son of Khillu, carrying swords, knives, country made pistol, hockey and rope etc. came there. Mani Ram exhorted to caught hold of Vishnu to settle old score with him. On this, all accused caught hold of Vishnu and tied him with rope and while beating him, took Vishnu towards their house. Mathuri (complainant), her son Tej Pal and daughter-in-law Om Wati raised alarm, but nobody came forward to rescue Vishnu. All accused took Vishnu to street and started inflicting injuries with their weapons. Dinesh gave sword blow, Naresh and Dharam gave knife blows, Mani Ram, Khillu and Khillu's son gave lathi blows and Sat Parkash gave hockey blows. Babu Lal was carrying a country made pistol. On account of injuries received by Vishnu, he died at spot.

(3.) Ram Dutt, SI/SHO, Police Station Old Faridabad, alongwith police officials was present in connection with patrol duty on Kheri bridge where Mathuri (complainant) met him and made statement (Ex.PD). SI/SHO Ram Dutt then made endorsement (Ex.PD/1) and sent same to police station for registration of case, upon which formal FIR (Ex.PD/2) was registered at Police Station Old Faridabad. Police Party then visited the spot and prepared rough site plan (Ex.PN.) Blood stained earth was lifted from the spot, vide memo Ex.PG. Inquest report (Ex.PC) was prepared. On 30.12.1999, post mortem (Ex.PB) of dead body was got conducted. Accused Dinesh Kumar, Devender and Sumit were arrested on 5.1.2000, accused Dharam Chand was arrested on 10.1.2000 and accused Babu Lal was arrested on 28.1.2000.