S.S.DEWAN, J. - (1.) THE appellants stood charged under Section 302 read with Section 34 Indian Penal Code, for having committed the murder of Udal alias Raju deceased on the evening of March 11, 1987. On a consideration of the circumstantial evidence on which the prosecution had sought reliance the trial Court held that the charge has been brought home to the appellants. Accordingly Pappu and Man Singh appellants have been convicted under Sections 302/34 Indian Penal Code and each of them has been sentenced to undergo imprisonment for life and a fine of Rs. 500/- or in default of payment of fine to undergo further R.I. for six months.
(2.) THE prosecution case in brief is that Chander Pal PW is an employee in the office of Haryana State Electricity Board at Tigaon, District Faridabad as a Peon whereas he resides in Adarsh Colony Sallagarh City Palwal and is a daily passenger from his residence to his place of duty. Chander Pal originally hails from village Dandsa in District Faridabad. Accused Man Singh originally belongs to village Tosh in District Mathura (U. P.) but he lived with his co-accused Pappu and started selling vegetables. Man Singh accused was married about 13/14 years back with Smt. Drop daughter of Nanwa of village Dundsa and said Nanwa was the uncle of Chander Pal PW. About 5/6 years prior to the present occurrence, it came to the notice of Chander Pal that Man Singh accused started mal-treating and beating his wife Drop as a result of which she got fracture in one of her legs and thereupon her parents declined to send her with Man Singh accused. She was, however, sent with some one else to live with him as his wife. All this annoyed Man Singh accused who started visiting the house of Chander Pal to seek his help but of no avail. It is alleged that 4/5 days prior to 11-3-1987, Man Singh accused took a room on rent in the house of Chander Pal in the city of Palwal from him and started living therein with a woman, aged about 30/32 years. Smt. Vidya wife of Chander Pal who was availabe for the last two years started getting treatment of a doctor from Delhi who had issued a prescription to her and she was taking medicines from that doctor during the days of this occurrence. On 11-3-1987 at about 6.45 P.M. when Chander Pal returned from his duty from Tigaon at his house at Palwal, he found Man Singh alongwith that woman and also his co-accused Pappu and one Pardeep Kumar present in the room of his house, earlier taken on rent by Man Singh whereas his wife Smt. Vidya and his son Udal (since deceased aged about 11/12 years were also present in the house adjoining the room of Man Singh. Smt. Vidya requested her husband Chander Pal to bring medicines for her, upon which he told her that as he had just returned from his duty, he would bring her medicines after some time. Thereupon, Man Singh accused asked his co-accused Pappu to go and bring medicines for Smt. Vidya and to take along with him her son Udal. Accordingly, Pappu took Udal with him and went out to bring medicine for Smt. Vidya immediately thereafter, Man Singh wanted to take that woman alongwith him who was accompanying him for the last about 5/6 days in that house, to which she was not agreeable. This infuriated Man Singh who told Chander Pal that it was he (Chander Pal) who was not sending that woman with him. Feeling enraged from Chander Pal, Man Singh immediately left his house leaving that woman there. Thereafter, neither Udal nor any of the accused returned which caused anxiety to Chander Pal and his, wife who went in search of their son alongwith said Pardeep during the night intervening 11/12-3-1987 and searched their son throughout at various shops of the Chemists and Medical Stores but in vain. When they returned to their home at about 4.00 A. M. on 12-3-1987, the aforesaid women accompanying Man Singh also left their house. After sitting for few minutes at his house, Chander Pal again went out in search of his son but throughout the day on 12-3-1983 neither any accused nor his son was traceable. It is alleged that on 12-3-1987 some time in the evening when Chander Pal, Kishan Lal and Sohan Lal PWs were out in search of Udal and were present near the Old Fort, Palwal, they saw some boys coming from the side of tomb and they were saying that a deadbody of a boy was lying in the tomb. On hearing this, Chander Pal and his companions rushed to that tomb where they found the deadbody of Udal lying in a naked condition and the deadbody had got several injuries on it. Leaving Sohan Lal and Kishan Lal, near the deadbody, Chander Pal went to Police Station City Palwal and he lodged the FIR at 6.30 A. M. on 12-3-1987. Sub Inspector Nand Lal went to the spot where the deadbody of Udal was lying. held inquest and sent the deadbody to the mortuary for autopsy. The accused were searched but they were not traceable. They were, however, subsequently arrested on 25.3.1987 and 14-4-1987. On interrogation by the Sub-Inspector, Pappu suffered disclosure statement leading to the recovery of knife Ex. P. 1 and the bloodstained clothes of the accused from the specified place- of concealment
(3.) DR . Narinder Kumar Goel PW. 1 conducted autopsy on the deadbody of Udal on 13-3-1987 at 10.00 A. M. and found as many as 47 incised wounds as detailed in the post-mortem report Ex.PA. Death was opined to be due to shock and have morrhage as a result of multiple injuries which were sufficient to cause death in the ordinary course of nature. The probable time that elapsed between injuries and death was stated to be within a few minutes and between death and post-mortem within 24 to 40 hours. After necessary investigation, the accused were challaned and committed. The prosecution examined as many as nine witnesses in support of its case. When examined under Section 313 Criminal Procedure Code, the accused denied the prosecution allegations. and pleaded false implication in the case but led no evidence in defence.;