STATE OF HARYANA Vs. RAM SINGH
LAWS(SC)-2002-1-120
SUPREME COURT OF INDIA
Decided on
January 15,2002
STATE OF HARYANA,RAI SAHAB
Appellant
VERSUS
RAM SINGH,STATE OF HARYANA
Respondents
Referred Judgements :-
PRABHOO VS. STATE OF UTTAR PRADESH [REFERRED 3.]ARJUN MARIK VS. STATE OF BIHAR [REFERRED 2.]
PULUKURI KOTTAYA VS. EMPEROR [REFERRED]
Cited Judgements :-
MANISH KUMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-2-36] [REFERRED TO]PURAN SINGH VS. STATE OF M P [LAWS(MPH)-2012-3-87] [REFERRED TO]
ANWAR AND ORS VS. STATE OF M P AND ORS [LAWS(MPH)-2011-3-123] [REFERRED]
CREDENTIAL LEASING & CREDITS LTD. VS. SHRUTI INVESTMENTS AND ORS. [LAWS(DLH)-2015-6-17] [REFERRED TO]
RUPESHWAR TANTI VS. STATE OF ASSAM [LAWS(GAU)-2012-3-3] [REFERRED TO]
NISHAN SINGH VS. STATE OF PUNJAB [LAWS(SC)-2008-3-6] [REFERRED TO]
YED RAM VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(UTN)-2011-12-70] [REFERRED TO]
VIJAY PAL VS. STATE (GNCT) OF DELHI [LAWS(SC)-2015-3-8] [REFERRED TO]
LALA RAM VS. STATE OF DELHI [LAWS(DLH)-2007-12-6] [REFERRED TO]
STATE VS. LAL BABU MAHTO [LAWS(DLH)-2016-3-186] [REFERRED TO]
STATE OF WEST BENGAL VS. MD JAMILUDDIN NASIR [LAWS(CAL)-2010-2-53] [REFERRED TO]
VIJAY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-1-241] [REFERRED TO]
MANIYA TAKU VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2023-1-46] [REFERRED TO]
S K MUSTHAQ AHMED @ GOREMIYAN AND OTHERS VS. STATE OF ANDHRA PRADESH REP BY ITS PUBLIC PROSECUT [LAWS(APH)-2016-9-32] [REFERRED]
MAHENDER VS. STATE [LAWS(DLH)-2019-10-120] [REFERRED TO]
RAJINDER ALIAS LAL VS. STATE [LAWS(DLH)-2009-7-5] [REFERRED TO]
STATE VS. TIKA RAM [LAWS(DLH)-2005-3-2] [REFERRED TO]
STATE, THROUGH POLICE INSPECTOR VS. CHANDRAKANT @ CHANDRU JAISWAR [LAWS(BOM)-2020-8-108] [REFERRED TO]
KARAN THAKUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-12-171] [REFERRED TO]
IN MATTER OF VS. MAHENDER [LAWS(DLH)-2019-10-253] [REFERRED TO]
PRAVEEN KHARI VS. THE STATE(GOVT OF NCT) DELHI [LAWS(DLH)-2016-2-356] [REFERRED TO]
SAROJ MITTAL VS. THE STATE [LAWS(DLH)-2016-5-162] [REFERRED TO]
LAL SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2005-12-24] [REFERRED TO]
MOHD MARGUB SON OF MOHD MAHBOOB VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-1-227] [REFERRED]
CHAND RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-1-13] [REFERRED TO]
BIJO RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-6-115] [REFERRED TO]
MURARI MUNSHIRAM YADAV VS. STATE OF GUJARAT [LAWS(GJH)-2017-6-34] [REFERRED TO]
STATE NCT OF DELHI VS. PRAKASH [LAWS(DLH)-2012-2-44] [REFERRED TO]
DR. RAJENDRA S/O KALIDAS KAPGATE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-1-23] [REFERRED TO]
JIA LAL VS. STATE OF U T CHANDIGARH [LAWS(P&H)-2012-1-866] [REFERRED]
BATAKRUSHNA PARIDA VS. STATE OF ORISSA [LAWS(ORI)-2002-4-28] [REFERRED TO]
HEMO CHANDRA NATH VS. STATE OF ASSAM [LAWS(GAU)-2009-7-17] [REFERRED TO]
STATE OF MANIPUR VS. DEMKHOTHANG TOUTHANG ALIAS DEMTHANG THUTHANG KUKI [LAWS(GAU)-2006-4-15] [REFERRED TO]
SANCHI RAI VS. STATE OF SIKKIM [LAWS(SIK)-2020-11-4] [REFERRED TO]
PREM SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-8-83] [REFERRED TO]
JABAR SINGH SAROBA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2014-5-102] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. JAI CHAND [LAWS(SC)-2013-7-59] [REFERRED TO]
ADAMBHAI SULEMANBHAI AJMERI VS. STATE OF GUJARAT [LAWS(SC)-2014-5-53] [REFERRED TO]
RAJU VS. STATE OF KERALA [LAWS(KER)-2017-11-147] [REFERRED TO]
RAJENDRA KUMAR GUPTA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2013-5-102] [REFERRED TO]
MEHBOOB ALI VS. STATE OF M P [LAWS(MPH)-2012-3-104] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. PRATAP MAKHIJA [LAWS(SIK)-2021-3-16] [REFERRED TO]
ISHWARIYA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-5-42] [REFERRED TO]
NISAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-5-43] [REFERRED TO]
RASHID SHEIKH VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-6-35] [REFERRED TO]
NARINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-12-43] [REFERRED TO]
SABIR ALAM VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2014-9-31] [REFERRED TO]
STATE (GOVT OF NCT OF DELHI) VS. JITENDER KUMAR [LAWS(DLH)-2017-7-358] [REFERRED TO]
RAM ADHIN @ RAMDIN @ CHARAKA VS. STATE OF C.G. [LAWS(CHH)-2017-1-70] [REFERRED TO]
JANKI BAI PATEL VS. STATE OF C.G. [LAWS(CHH)-2023-1-96] [REFERRED TO]
CHITARI LAKSHMAN VS. STATE OF A P [LAWS(APH)-2004-9-162] [REFERRED TO]
STATE VS. MUKESH KUMAR [LAWS(DLH)-2013-11-160] [REFERRED TO]
RAM PAL VS. STATE OF U.P. [LAWS(ALL)-2020-5-10] [REFERRED TO]
SUMIT GUPTA VS. STATE (GOVT. OF NCT OF DELHI) [LAWS(DLH)-2009-3-328] [REFERRED TO]
NIWAS @ PATEL VS. STATE [LAWS(DLH)-2009-8-371] [REFERRED TO]
GEDO DOKE VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2007-8-23] [REFERRED TO]
STATE OF ASSAM VS. ABDUL KHALEQUE [LAWS(GAU)-2007-9-6] [REFERRED TO]
ABDUL RAHIM UDDIN @ ABDUL RAHIM VS. STATE OF ASSAM [LAWS(GAU)-2018-3-170] [REFERRED TO]
PREM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-10-125] [REFERRED]
CENTRAL BUREAU OF INVESTIGATION VS. MOHD. PARVEZ ABDUL KAYUUM [LAWS(SC)-2019-7-31] [REFERRED TO]
MANOJ VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-2-11] [REFERRED TO]
BORAIAH ALIAS SHEKAR VS. STATE [LAWS(KAR)-2002-12-2] [REFERRED TO]
CHINNASAMY VS. DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2020-6-88] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. BALJIT SINGH [LAWS(HPH)-2012-8-212] [REFERRED TO]
RAKESH KUMAR SON OF SH. HACHHU RAM, RESIDENT OF CHANAUTA, POLICE STATION SARKAGHAT, DISTRICT MANDI, H.P VS. STATE OF HMACHAL PRADESH [LAWS(HPH)-2012-3-157] [REFERRED TO]
RAM PRATAP & ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-2-507] [REFERRED TO]
ADITYA @ HARI LAL VS. STATE OF U P [LAWS(ALL)-2016-7-295] [REFERRED]
SHIVAJI VASANG BAGALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-10-23] [REFERRED TO]
NATTHU VS. STATE OF U.P. [LAWS(ALL)-2013-7-37] [REFERRED TO]
RAJU PASI VS. STATE OF U P [LAWS(ALL)-2010-3-51] [REFERRED TO]
USHA RANI VS. STATE (DELHI ADMN.) [LAWS(DLH)-2009-7-412] [REFERRED TO]
SWAPNA SAHA BHOWMIK VS. STATE OF TRIPURA [LAWS(GAU)-2009-6-13] [REFERRED TO]
PADAMSINH B. PATIL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2020-3-194] [REFERRED TO]
SATTAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-9-86] [REFERRED TO]
BALBIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2005-10-59] [REFERRED TO]
HARI CHAND VS. STATE [LAWS(P&H)-2008-2-26] [REFERRED TO]
SHAMBHU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-4-94] [REFERRED TO]
JALLO ALIAS JILLE VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2011-1-1] [REFERRED TO]
LACHHMAN DASS VS. STATE OF PUNJAB [LAWS(P&H)-2009-9-35] [REFERRED TO]
LAXMINARAYAN VS. STATE OF M P [LAWS(MPH)-2013-5-68] [REFERRED TO]
VINOD RANA VS. STATE [LAWS(DLH)-2019-7-215] [REFERRED TO]
MUSLIM VS. STATE (NCT OF DELHI) [LAWS(DLH)-2017-3-166] [REFERRED TO]
AZAD SINGH VS. STATE [LAWS(DLH)-2015-3-90] [REFERRED TO]
LAMBODAR MUNDA VS. STATE OF ORISSA [LAWS(ORI)-2017-11-61] [REFERRED TO]
NURUL HAQUE VS. STATE OF ASSAM [LAWS(GAU)-2002-8-39] [REFERRED TO]
RAM GANESH VS. STATE OF U.P. [LAWS(ALL)-2014-5-30] [REFERRED TO]
DR. JHAMMAN LAL VS. STATE (DELHI ADMINISTRATION) [LAWS(DLH)-2010-12-422] [REFERRED TO]
VIJAY AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-6-84] [REFERRED TO]
MANOJMADANLAL TEKAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-9-69] [REFERRED TO]
OM PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2018-7-342] [REFERRED TO]
ABINASH SUKLABAIDYA VS. STATE OF ASSAM [LAWS(GAU)-2020-6-49] [REFERRED TO]
PRADEEP, S/O KRISHNAN VS. STATE OF KERALA REP BY PUBLIC PROSECUTOR [LAWS(KER)-2016-9-74] [REFERRED]
SARMAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2005-11-54] [REFERRED TO]
JASVINDER SINGH VS. STATE OF UTTARANCHAL [LAWS(UTN)-2005-5-9] [REFERRED TO]
RAMESH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-11-92] [REFERRED]
DEBABRATA RAJKUMAR S/O LT. MADAN GOPAL RAJKUMAR VS. THE STATE OF ASSAM [LAWS(GAU)-2018-5-160] [REFERRED TO]
STATE OF ASSAM VS. AZAD ALI [LAWS(GAU)-2009-10-14] [REFERRED TO]
MD USTAR ALI BHUYAN VS. STATE OF ASSAM [LAWS(GAU)-2021-4-21] [REFERRED TO]
STATE OF WEST BENGAL VS. HABU GORAIN ALIAS HABUL GORAIN [LAWS(CAL)-2006-11-1] [REFERRED TO]
GANGESHWAR VS. STATE NCT OF DELHI [LAWS(DLH)-2012-1-595] [REFERRED TO]
SURENDRA TIWARI VS. STATE OF M P [LAWS(CHH)-2006-3-46] [REFERRED TO]
STATE OF HARYANA VS. SHAKUNTLA [LAWS(SC)-2012-4-17] [REFERRED TO]
SUDHA VS. STATE OF PUNJAB [LAWS(P&H)-2019-5-223] [REFERRED TO]
CHAMAN LAL VS. STATE OF H.P. [LAWS(HPH)-2014-8-96] [REFERRED TO]
DAYARAM VS. STATE OF MP [LAWS(MPH)-2017-9-170] [REFERRED TO]
OM PRAKASH DUBEY VS. STATE OF BIHAR [LAWS(PAT)-2017-3-56] [REFERRED TO]
SUNDAR LAL VS. STATE [LAWS(UTN)-2018-1-32] [REFERRED TO]
PHOOL SINGH VS. STATE [LAWS(DLH)-2010-3-399] [REFERRED TO]
RAVIPAL SINGH VS. STATE OF M P [LAWS(MPH)-2016-8-81] [REFERRED]
Revenue Divisional Office VS. Athappa Gounder died [LAWS(MAD)-2003-7-215] [REFERRED TO]
SABIR ALAM VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-10-20] [REFERRED TO]
SURESH PEHLWAN VS. STATE OF DELHI [LAWS(DLH)-2012-11-15] [REFERRED TO]
STATE VS. VASIKUR REHAMAN [LAWS(BOM)-2020-8-185] [REFERRED TO]
JAGRAM VS. STATE [LAWS(ALL)-2018-12-178] [REFERRED TO]
DEVENDRA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2007-3-361] [REFERRED TO]
ISHTKAR AND ANR. VS. STATE OF DELHI [LAWS(DLH)-2009-4-396] [REFERRED TO]
STATE VS. R.P. TYAGI [LAWS(DLH)-2008-3-205] [REFERRED TO]
MOHD. SADIQ MOHD. RAFIQ VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-2-103] [REFERRED TO]
SALMAN SALIM KHAN VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-12-63] [REFERRED TO]
RABU SK ALIAS JAINUDDIN SK VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-8-29] [REFERRED TO]
SHAMSHER SINGH VS. STATE OF HARYANA [LAWS(P&H)-2010-10-134] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANJAY PURWAR [LAWS(HPH)-2012-9-211] [REFERRED TO]
KISHORE VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-4-129] [REFERRED TO]
SHANKAR LAL VS. STATE [LAWS(RAJ)-2009-8-95] [REFERRED TO]
BABU KHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-1-25] [REFERRED TO : (2002) 2 SCC 426 : AIR 2002 SC 620 : 2002 AIR SCW 219 17]
LALLU @ NARESH AND ANR. VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2004-11-46] [REFERRED TO]
BUDH SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-3-25] [REFERRED TO]
PAPPAN VS. STATE OF UTTARANCHAL [LAWS(UTN)-2003-7-27] [REFERRED TO]
SAJAL CHAKRABORTY VS. THE STATE OF TRIPURA [LAWS(TRIP)-2015-12-13] [REFERRED TO]
SANTOSH BHAGWANDIN BACHHARAJ VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-7-162] [REFERRED TO]
SWARNA VS. STATE (NCT OF DELHI) [LAWS(DLH)-2013-9-49] [REFERRED TO]
LOKESH MISHRA VS. STATE OF NCT OF DELHI [LAWS(DLH)-2014-3-75] [REFERRED TO]
UNION OF INDIA AND OTHERS VS. DEVENDRA KUMAR CHAUDHARY AND OTHERS [LAWS(ALL)-2018-4-568] [REFERRED TO]
CHETANBHAI NATWARLAL SHRIMADI VS. STATE OF GUJARAT [LAWS(GJH)-2019-5-32] [REFERRED TO]
TALA DADA @ RAMJIT MURMU VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-4-54] [REFERRED TO]
CHANDER BHAN VS. STATE AND ORS. [LAWS(DLH)-2016-1-247] [REFERRED TO]
FIROZ IBRAHIM RAUTTAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-3-291] [REFERRED TO]
JUDGEMENT
Banerjee, J. -
(1.)While it is true that the post-mortem report by itself is not a substantive piece of evidence, but the evidence of the doctor conducting the postmortem can by no means be ascribed to be insignificant. The significance of the evidence of the doctor lies vis-a-vis the injuries appearing on the body of the deceased person and likely use of the weapon therefor and it would then be the prosecutor's duty and obligation to have the corroborative evidence available on record from the other prosecution witnesses.
(2.)These two criminal appeals being Crl. Appeal No. 78 of 1999 and Crl. Appeal No. 79 of 1999 arising from the same judgment of the High Court against that of the learned Additional Sessions Judge, Hissar in Sessions Case No. 80 of 1992 in which (1) Bhajan Lal (2) Rai Sahab, (3) Ram Singh and (4) Ram Kumar faced trial. All the accused faced charge under Section 302, IPC read with Section 201, IPC and the learned Additional Sessions Judge, Hissar by his judgment dated 9th/10th August, 1995 convicted Bhajan Lal under Section 302, IPC and sentenced him to imprisonment for life, whereas the accused Rai Sahab, Ram Singh and Ram Kumar were convicted under Sections 302/149, IPC and sentenced in the manner alike. The learned Additional Sessions Judge did not convict any of the accused under Section 201, IPC by reason of the conviction under Section 302, IPC read with Section 149, IPC. The case of the prosecution however, runs as below :- Complainant-Budh Ram is the brother of Manphool (deceased). They are residents of village Chinder. On 22-1-1992. Budh Ram and Manphool went to the temple at about 6 a.m. and returned at about 6.15 a.m. When Manphool was ahead of Budh Ram by about 10 paces and had reached near the house of Kishan Lal, a jeep RJI-3407 was there and Rich Pal, a resident of Chinder and Appellant Bhajan Lal were standing near it, armed with guns. Appellant Rai Sahab was sitting on the driver seat, while Appellant Ram Kumar and Ram Singh alias Singha were also sitting by his side on the front seat. Accused Ram Kumar and Ram Singh, on seeing Manphool, stated that Manphool had won money in gambling dishonestly from Ram Singh, and that he should be taught a lesson for dishonesty. Rich Pal and Bhajan Lal fired a shot each from their respective guns, and as a result of receiving the shots, Manphool fell down. Complainant-Budh Ram took shelter in the temple out of fear. Dholu Ram, son of Manphool on hearing the report of the gunshot, reached there. Prosecution case further has been that immediately thereafter Ram Kumar and Singha alighted from the jeep and all four of them tied the body in a blanket and put the same in the jeep and then went away in their jeep after threatening the persons present at site. Complainant-Budh Ram informed his brother-Ranjit and thereafter chased the jeep in a truck. They made a thorough search on the canals and roads at Badopal and Bhola etc. but did not find any clue. Therefore, Complainant-Budh Ram along with Dholu Ram went to Agroha Police Station, to lodge the report. The statement of Budh Ram was recorded at 3.05 p.m., which formed the basis of the FIR (Ex.-PF).
(3.)The Station House Officer SI Kishan Dutt being PW-12 in the examination-in-chief, inter alia, stated as below :-
"On 22-1-92 I was posted as SHO P.S. Agroha. On that day, Budh Ram came to me in the police station. He was accompanied by Dholu Ram. He made statement before me upon which I recorded FIR Ex.PF which was read over and explained to him to which he signed in token of its correctness. I recorded police proceedings on it, handed over one copy of FIR to him and obtained his signature. Then I left for the post and reached the place of occurrence alongwith Budh Ram and Dholu Ram. I lifted blood stained earth, 2-3 pieces of bones from the spot, which were converted into separate sealed parcels. Seal of KD was used. Seal after use was given to Dholu Ram PW. I lifted blood stained earth Ex.P.12 and three pieces of bones Exs. P.13/1-3 vide recovery memo Ex.P.G., attested by Dholu Ram and Budh Ram. I prepared rough site plan of the place of occurrence Ex.PR, recorded statements of Dholu and Budh Ram. I raided the houses of the accused but they were found absconding. I searched for the dead-body in the canal. I stayed for the night in village Budha Khera. On 23-1-92 I deposited the case property with the MHC.
On 26-1-92 I along with Ranjit and Dholu Ram was going in search of the accused and dead body. At Chable minor (mori) Yad Ram met me and told me that he along with Atma Ram has recovered dead body of Manphool from the Chuli Bagrian minor near the field of Ram Pat. Then I reached there I held inquest proceedings on the dead body of Manphool and prepared inquest report Exs. PD/1. I recorded statements of Dholu, Ranjit, Yad Ram and Atma Ram in the inquest proceedings I hand over the dead body along with application for post-mortem examination Ex.PD to constable Sadhu Ram and HC Jagdish."
(2.)These two criminal appeals being Crl. Appeal No. 78 of 1999 and Crl. Appeal No. 79 of 1999 arising from the same judgment of the High Court against that of the learned Additional Sessions Judge, Hissar in Sessions Case No. 80 of 1992 in which (1) Bhajan Lal (2) Rai Sahab, (3) Ram Singh and (4) Ram Kumar faced trial. All the accused faced charge under Section 302, IPC read with Section 201, IPC and the learned Additional Sessions Judge, Hissar by his judgment dated 9th/10th August, 1995 convicted Bhajan Lal under Section 302, IPC and sentenced him to imprisonment for life, whereas the accused Rai Sahab, Ram Singh and Ram Kumar were convicted under Sections 302/149, IPC and sentenced in the manner alike. The learned Additional Sessions Judge did not convict any of the accused under Section 201, IPC by reason of the conviction under Section 302, IPC read with Section 149, IPC. The case of the prosecution however, runs as below :- Complainant-Budh Ram is the brother of Manphool (deceased). They are residents of village Chinder. On 22-1-1992. Budh Ram and Manphool went to the temple at about 6 a.m. and returned at about 6.15 a.m. When Manphool was ahead of Budh Ram by about 10 paces and had reached near the house of Kishan Lal, a jeep RJI-3407 was there and Rich Pal, a resident of Chinder and Appellant Bhajan Lal were standing near it, armed with guns. Appellant Rai Sahab was sitting on the driver seat, while Appellant Ram Kumar and Ram Singh alias Singha were also sitting by his side on the front seat. Accused Ram Kumar and Ram Singh, on seeing Manphool, stated that Manphool had won money in gambling dishonestly from Ram Singh, and that he should be taught a lesson for dishonesty. Rich Pal and Bhajan Lal fired a shot each from their respective guns, and as a result of receiving the shots, Manphool fell down. Complainant-Budh Ram took shelter in the temple out of fear. Dholu Ram, son of Manphool on hearing the report of the gunshot, reached there. Prosecution case further has been that immediately thereafter Ram Kumar and Singha alighted from the jeep and all four of them tied the body in a blanket and put the same in the jeep and then went away in their jeep after threatening the persons present at site. Complainant-Budh Ram informed his brother-Ranjit and thereafter chased the jeep in a truck. They made a thorough search on the canals and roads at Badopal and Bhola etc. but did not find any clue. Therefore, Complainant-Budh Ram along with Dholu Ram went to Agroha Police Station, to lodge the report. The statement of Budh Ram was recorded at 3.05 p.m., which formed the basis of the FIR (Ex.-PF).
(3.)The Station House Officer SI Kishan Dutt being PW-12 in the examination-in-chief, inter alia, stated as below :-
"On 22-1-92 I was posted as SHO P.S. Agroha. On that day, Budh Ram came to me in the police station. He was accompanied by Dholu Ram. He made statement before me upon which I recorded FIR Ex.PF which was read over and explained to him to which he signed in token of its correctness. I recorded police proceedings on it, handed over one copy of FIR to him and obtained his signature. Then I left for the post and reached the place of occurrence alongwith Budh Ram and Dholu Ram. I lifted blood stained earth, 2-3 pieces of bones from the spot, which were converted into separate sealed parcels. Seal of KD was used. Seal after use was given to Dholu Ram PW. I lifted blood stained earth Ex.P.12 and three pieces of bones Exs. P.13/1-3 vide recovery memo Ex.P.G., attested by Dholu Ram and Budh Ram. I prepared rough site plan of the place of occurrence Ex.PR, recorded statements of Dholu and Budh Ram. I raided the houses of the accused but they were found absconding. I searched for the dead-body in the canal. I stayed for the night in village Budha Khera. On 23-1-92 I deposited the case property with the MHC.
On 26-1-92 I along with Ranjit and Dholu Ram was going in search of the accused and dead body. At Chable minor (mori) Yad Ram met me and told me that he along with Atma Ram has recovered dead body of Manphool from the Chuli Bagrian minor near the field of Ram Pat. Then I reached there I held inquest proceedings on the dead body of Manphool and prepared inquest report Exs. PD/1. I recorded statements of Dholu, Ranjit, Yad Ram and Atma Ram in the inquest proceedings I hand over the dead body along with application for post-mortem examination Ex.PD to constable Sadhu Ram and HC Jagdish."
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