- (1.) This shall dispose of Criminal Appeal No. 842-DB of 2011 and Murder Reference No. 5 of 2011.
(2.) Accused Ram Raji, Kailash Devi, Rajender Parkash and Sardara were sent up for trial for the offences under Section 302/201/364 read with Section 34 IPC.Accused Rajender Parkash and Sardara were acquitted of all the charges framed against them but accused Ram Raji and Kailash Devi were convicted of the offence under Section 302 read withSection 34 IPC. Accused Ram Raji was also convicted under Section 201 IPC. Accused Ram Raji was sentenced to death for commission of offence under Section 302 read with Section 34 IPC. For the offence under Section 201 IPC, he was also sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5000/- and in default, to further undergo rigorous imprisonment for a period of two months whereas Kailash Devi was sentenced to undergo life imprisonment for the offence under Section 302 read with Section 34 IPC and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of four months. Murder reference has been forwarded by the District and Sessions Judge, Jind, while both accused, Ram Raji and Kailash Devi have preferred the above-mentioned criminal appeal.
(3.) The brief case of the prosecution as emerged from the evidence let in by the prosecution is as follows: (a) In the statement given by PW-1 Ramesh Kumar, father of deceased Vikas,he has stated that his son Vikas who had passed 10+2 examination, was taking coaching in Delhi to go abroad. On 6.9.2010, Vikas had been to Gurgaon for coaching. On 12.9.2010, at about 10 PM when Ramesh Kumar was present at his house, he received a call on mobile from Ritu daughter of accused Ram Raji making a request to save Vikas as her parents had detained Vikas in her house. On receipt of such information, he along with a friend, namely, PW-9 Rohtash, reached the STD booth near Battakh Chowk, Jind where he met Ritu, STD booth owner and his family members. Ramesh Kumar left Ritu safely with the family members of the owner of the STD booth. In the next day morning, he received an information that a dead-body waslying in a vacant space in Sector 8 near Dera Sacha Sauda. He proceeded along with PW-9 Rohtash to that place and found his son lying dead. The blood stains were found on his head. A rope mark was found around his neck. A rope was also found lying there. The dead-body was tied with bed-sheets. Vikas and Ritu were taking coaching together the previous year and were class-mates. Vikas who was invited by the parents of Ritu to their house, was beaten up and strangulated to death. (b) PW-15 SI Hira Lal was the Incharge of Police Post, Civil Lines, Jind. When he was engaged in patrolling duty on 13.9.2010, he received an information that a dead-body was lying in Sector 8 near Dera Sacha Sauda, Jind. He reached Sector 8 and found a dead-body. He found PW-1 Ramesh Kumar and PW-9 Rohtash present over there. He recorded the statement, Exhibit PA, from Ramesh Kumar. On his endorsement, Exhibit PA/1, made on the statement of PW-1 Ramesh Kumar, a formal First Information Report, Exhibit PA/2, was registered by PW-17 SI Ranbir Singh. He also passed on the information to PW-20 Inspector Dalip Singh. PW-15 prepared the inquest report, Exhibit PW, on the dead-body of Vikas and recorded the statements of PW-1 and PW-9 under Section 161 Cr. P.C. They identified the dead-body of Vikas. ( c) PW-1 Ramesh Kumar has deposed that on 6.9.2010, his son proceeded to Gurgaon for coaching. On 13.9.2010, he received a telephonic message from Jind that the dead body of his son Vikas was lying in Sector 8 near Dera Sacha Sauda, Jind. He proceeded along with PW-9 Rohtash and found the dead-body of his son. Blood stains were present on the head of the dead-body. Marks of rope were also visible around his neck. A rope was lying near the dead body. He suspected that some unknown persons had committed the murder of his son Vikas. He did not know any person by the name of Ritu. She never sent a message to his mobile phone. His son had not fallen in love with any girl. Ritu never told him that her parents had confined Vikas in their house. The parents of Ritu were not known to him. PW-1 chose not to support the case of the prosecution. Therefore, he was permitted to be cross-examined by the prosecution. During the course of cross-examination, he has stated that it was correct that Exhibit P-1 the identity-card and Mark A to Mark-C, Mark-sheets, belonged to his son Vikas. The shoes Exhibits P-2 and P-3 also belonged to his son Vikas. But PW-1 would depose that those articles were not recovered by the police from the accused in his presence. (d) PW-9 Rohtash has also not supported the case of the prosecution. He has deposed that nothing was recovered by the police in his presence. He never accompanied PW-1 Ramesh Kumar to Jind. In fact, he was declared hostile and was allowed to be cross-examined by the Public Prosecutor. (e) PW-20 Inspector Dalip Singh having received a telephonic message from PW-15 on 13.9.2010, proceeded to Sector 8 near Dera Sacha Sauda, Jind. On arrival at the said spot, he found that PW-15 was busy in the investigation. PW-20 also inspected the place of occurrence and took photographs, Exhibits P-20 to P-23, of the dead body of Vikas with the help of a digital camera. The photographs reflecting the place where the dead- body was found, were marked as P-24 and P-25. PW-20 collected blood- stained earth Exhibit P-12, two bed-sheets Exhibits P-13 and P-14, piece of cloth (Parna) Exhibit P-15 and a rope Exhibit P-16 under recovery-memo. Exhibit PL which was attested by PW-9 and ESI Ram Avtar. (f) PW-20 dispatched the dead-body through PW-15 for arranging post-mortem examination. (g) PW-15 prepared the rough site plan Exhibit PRR. He proceeded to the General Hospital, Jind, and recorded the supplementary statements of PW-1 and PW-3 Dharam Vir. (h) PW-3 Dharambir had been cited as a witness to speak about the love affair of his cousin Vikas with Ritu but he failed to support the case of the prosecution. (i) PW-12 Dr. Satish Sulekh conducted the post-mortem examination along with his colleague Dr. Rajesh Gandhi on the deadbody of Vikas on 13.9.2010 at 1 PM. He found a ligature mark on the neck measuring 12.2 cms x 2.2 cms on the anterior surface of neck above the hyoid bone. On dissection, the underlying soft tissues were found glistening, subcutaneous hemorrhage was present and the muscles were contused. He noted down the following injuries: 1. Black right eye was present. 2. Clotted blood was present in the nostrils and dark coloured liquid blood oozing from the nostrils. 3. There was a red contusion on the occipital region of scalp 8 cm above the posterior hair line and 1.2 cm lateral to midline on left side, of size 3.9 cm x 2.8 cm. 4. A lacerated wound of size 0.8 x 0.4 cm x muscle deep, present 13 cm above the posterior hair line and 3.8 cm lateral to midline on left side of occipital region; clotted blood present. On dissection: fracture of nasal bone was seen with surrounding hematoma. No fracture of skull was seen. No hemorrhage was seen in the cranial cavity. Brain membrane and brain matter were congested. 5. There was an abrasion 2.4 cm x 2.2 cm, irregular in shape on the right cheek over the cheek bone, clotted blood present. 6. There was a red contusion 5 cm above the left elbow on the posterior-lateral aspect 5.2 cm x 2.4 cm in size. 7. There was an abrasion 0.6 cm x 0.5 cm on the posteriorlateral aspect of left elbow; clotted blood present. 8. There was an abrasion 0.5 cm x 0.4 cm on the posteriormedial aspect of left elbow; clotted blood present. 9. There was an abrasion 1.2 cm x 0.8 cm on the posterior aspect of right elbow; clotted blood present. 10. There was an abrasion 1.2 cm x 0.6 cm on the posterior aspect of right elbow, just above injury No.9; clotted blood present. 11. There was a red contusion 6.6 cm below injury No.9, on the posterior aspect of right forearm, 6.1 cm x 0.6 cm in size. 12. There was an abrasion 3.3 cm x 2.6 cm, on the anterior aspect of right forearm just above the wrist joint; clotted blood present. Having conducted the post-mortem examination, PW-12 along with his colleague, has opined that the death in this case was due to asphyxia as a result of strangulation which was ante-mortem in nature and sufficient to cause death in ordinary course of life. Probable time between injury and death was variable and between death and post-mortem examination was within 6 to 8 hours. (j) PW-20 Inspector Dalip Singh proceeded to the house of accused Ram Raji. His house was found locked. He took keys from the neighbour Sushil Kumar and opened the house. The house of the accused was thoroughly inspected. PW-20 noticed the blood stains on the Gadda (mattress) and Darri (blanket) which were lying on a Takhat (wooden cot) in the Ch a u b ara (upper portion of the house) of the accused. He also noticed blood stains on the wall near the Takhat . He took photographs Exhibits P-26 to P-29, reflecting the above aspects. He lifted blood stains from the wall with the help of cotton and prepared a parcel thereof. He also separated a piece of Gadda (mattress) which was stained with blood. He also separated a piece of Darri lying on the Takhat which was also blood- stained. Both articles were taken into possession under recovery memo. Exhibit PM. Apparels of the deceased Vikas collected and deposited by PW-15 were received by PW-20. He also examined PW-2 Harphool Singh, Municipal Councillor and PW-15 SI Hira Lal and recorded their statements. (k) PW-2 Harphool Singh would depose that he had not met the complainant Ramesh Kumar (PW-1) at the STD booth nor had he met Ritu over there. He turned completely hostile and therefore, he was subjected to cross-examination by the prosecution. (l) PW-7 Jai Narain who was running the STD booth, has also deposed that he did not know Ritu. Never had she come to his booth on 12.9.2010. He also turned hostile to the case of the prosecution. (m) PW-6 Ashok pleaded complete ignorance of this case. He would also depose that he had not gone to the STD booth run by PW-7. Nor had he seen any girl sitting at the STD booth. He was also declared hostile and was cross-examined by the prosecution. (n) PW-20 having collected information about the murder of Ritu, proceeded along with the police officials to village Brahmanwas and visited cremation-ground of the said village. PW-5 Ram Mehar, Sarpanch of the village, produced before him accused Ram Raji and Kailash Devi. PW-5 also informed PW-20 that both accused made an extrajudicial confession before him. He recorded the statement of PW-5 Ram Mehar. (o) PW-5 Ram Mehar would depose that neither Ram Raji nor Kailash Devi gave any extra-judicial confession on 13.9.2010 regarding commission of murder of Vikas and Ritu and therefore, he was also declared hostile. (p) PW-20 Inspector Dalip Singh recorded the disclosure statement Exhibit PKK suffered by accused Ram Raji. In the disclosure statement, he disclosed that the dead-body of Ritu was cremated with the help of coaccused. He also disclosed that the shoes of Ritu were left on the spot and that he could also point out the place where the dead-body of Ritu was cremated. In the same way, on interrogation, accused Kailash Devi also suffered disclosure statement Exhibit PLL. The disclosure statements given by those two accused were recorded by ESI Ram Avtar. They also disclosed that they would point out the place where Ritu was murdered in their house. The police party headed by PW-20 proceeded to the house of the accused at village Brahmanwas. PW-20 took two photographs, Exhibits P-33 and P-34 reflecting the said scene of crime. Both the accused, Ram Raji and Kailash Devi, lifted a pair of shoes of the deceased Ritu from the bricks lying in the court-yard of their house under recovery memo., Exhibit PL. Both the accused also pointed out the place where the dead- body of Ritu was cremated. PW-20 also took photographs Exhibits P-35 to P-37 of the cremation ground. PW-20 further lifted bones and ashes where the dead body of Ritu was cremated under recovery memo. Exhibit POO. Recovery memo. was attested by PW-19 ESI Ram Avtar and Head Constable Atma Ram. The case properties were deposited with the MHC. q) On 14.9.2010, accused Ram Raji was also interrogated by PW-20. He suffered disclosure statement Exhibit PEE. Based on such disclosure statements, mobile set of Nokia brand without any battery and Sim was recovered from the roof of the house of the neighbourer, Umed Singh, under recovery memo. Exhibit PEE, in the presence of PW-15 SI Hira Lal, PW-10 Satpal and Head Constable Atma Ram. r) PW-20 again interrogated accused Kailash Devi. She also suffered disclosure statement Exhibit PFF. Based on such disclosure statement, her blood stained Salwar Exhibit P-6 and Chuni Exhibit P-7 from underneath the bed in one of the rooms of the house of the accused were recovered under the relevant recovery memo. Exhibit PO. s) PW-10 Satpal, recovery witness,completely turned hostile to the case of the prosecution. t) PW-11 Raju was produced before the learned Chief Judicial Magistrate, Jind, who recorded his statement under Section 164 Cr.P.C. But PW-11 completely turned hostile to the case of the prosecution. u) Accused Ram Raji further suffered disclosure statement, based upon which motor cycle bearing registration No. HR-21C/9822 was recovered. The motor cycle's mud-guard Exhibit P-9 and a piece of its seat cover Exhibit P-10 which were found blood stained were also taken into possession. He took photographs of the motor-cycle Exhibits P-38 and P- 39 with the help of digital camera. Blood stained under-wear Exhibit P-11 was also recovered at the instance of accused Ram Raji. The case properties were deposited by the MHC. v) Accused Ram Raji was again interrogated on 16.9.2010. Based upon his disclosure statement Exhibit PY, the identity-card Exhibit P-1 and the pair of shoes Exhibit P-5 were recovered from the roof of the bathroom of the house of accused Ram Raji at his instance, in the presence of PW-13 ASI Kulwant Singh and Head Constable Atma Ram. PW-20 also recovered registration certificate of the motor cycle vide Exhibit PZ from the custody of accused Ram Raji. w) The case properties were sent for chemical examination. Forensic Science Laboratory's report marked as Exhibit PT/1 would disclose that the T-shirt and Pyjama of the deceased Vikas contained human blood of'A' group; The bed-sheet which was used for wrapping the dead body of Vikas also contained human blood of group A; Parna contained human blood; a piece of Darri contained human blood of group A; a piece of Gadda (mattress) contained human blood; Salwar of the accused Kailash Devi also contained human blood of group A. x) PW-20 having completed the investigation, laid final report as against the accused.;