H.S.BHALLA, J. - (1.) THIS Appeal is directed against the judgment dated 28.8.1997 passed by Additional Sessions Judge, Sirsa, vide which he convicted appellant Manphool (since deceased) and Jagan (appellant herein) under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life. However, during the pendency of the appeal, appellant Manphool died on 16.5.2002 and proceedings qua him stand abated.
(2.) THE prosecution case, in brief, is that on 26.9.1995 on receipt of a ruqa from Police Hospital, Hisar, in Police Station Nathusari Chopta regarding the admission of injured Chander Pal son of Het Ram. Police machinery was set into motion and ASI Rameshwar Dayal along with Constables Krishan Kumar and others rushed to the hospital. After seeking opinion from the doctor, he recorded the statement of Chander Pal (now deceased), who stated that he is a resident of village Ghursal, Police Station Adampur and he is working as a driver on the vehicle 'TATA'-407 belonging to Bhup Singh son of Dallu Ram for the last 1-1/2 years and he used to stay with owner Bhup Singh even during night time. On 25.9.1995 at about 8.00 P.M. he and Lillu Ram who used to remain with him on the aforesaid vehicle, consumed liquor together and after taking meals, Lillu Ram went to his house, whereas he slept in the Nohra of Bhup Singh, where the vehicle 'TATA' No. 407 was lying parked. At about 12.30/1.00 (mid night), accused Jagan came and awakened him and said that he had to hire the vehicle. At this, he asked him to contact Bhup Singh to which accused Jagan replied that Bhoop Singh is already present in their house. Thereafter, he accompanied accused Jagan to his house and on reaching his house, accused Jagan caused him injuries on his both feet with a Danda. When he inquired about it from Jagan, he said that he had illicit relations with their ladies, which he denied but the accused did not listen to him. Then he brought a bottle of spray and put the same in his mouth twice forcibly. Thereafter accused Jagan and his father Manphool caused him injuries with a hot iron chimta on his back. He raised an alarm. On hearing it, Ranjit and Bhoop Singh sons of Dallu Ram and Aad Ram Sahu reached the spot and they rescued him from the clutches of the accused. Thereafter, many people of the village collected at the spot. On receiving message, his brothers Inder Jeet and Tara Chand reached there and they took him to Civil Hospital Adampur from where he was referred to General Hospital, Hisar, where he was got admitted. On the basis of the aforesaid statement made by the complainant, a case was registered against the accused. During the course of investigation, the police visited the spot, prepared rough site plan of the place of occurrence and recorded statements of the witnesses. On 27.9.1995, a wireless message was received in the Police Station regarding the death of Chander Pal and then the offence under section 302 of the Indian Penal Code was added. Thereafter, a special report was prepared and a copy thereof was sent to the Ilaqa Magistrate. Then the SI/SHO Sher Singh along with ASI Rameshwar Dayal and other police officials reached Civil Hospital, Hisar and completed the inquest report.
(3.) ON 28.9.1995 SI/SHO Sher Singh along with other police officials reached the place of occurrence, inspected the spot, recorded the statements of the witnesses and when the police party was on the way to the place of occurrence, HC Raj Singh met them at the chowk of Nathusari Chopta and he handed over to SI Sher Singh a parcel containing viscera relating to Chander Pal (deceased) and another sealed parcel. These articles were taken into possession vide recovery memo and on return to police station, the same were deposited with the MHC with seals intact. On 29.9.1995 Shri Ram Phal Sharma, DSP Headquarters, Sirsa, inspected the place of occurrence and verified the investigations. On 1.10.1995, both the accused were arrested in this case and at the time of arrest, one bottle of spray (poison) and a danda were recovered from the possession of accused Jagan, whereas one iron chimta was recovered from the possession of accused Manphool. All these articles were converted into separate parcels and were sealed with the seal bearing impression "SS" and were taken into police possession vide separate memo. After completion of other necessary formalities, accused were challaned and sent up for trial.;