Mahavir Singh vs State Of Haryana

C. After conclusion of the investigation, a chargesheet was filed under Sections 302/201/120B IPC against the appellant, Jagbir Singh, co-accused and Sudesh Rani. The proceedings were committed to the Sessions Court and charges were framed vide order dated 17.1.1996.

E. Aggrieved, the appellant filed Criminal Appeal No.499-DB of 2001 before the High Court while Jagbir Singh, co-accused filed Criminal Appeal No.520-DB of 2001. Both the appellants were heard together and their appeals had been dismissed by way of impugned judgment and order.

7. There is ample evidence on record and particularly the deposition of Jai Singh (PW.6) that the appellant and Jagbir Singh, co-accused had been seen last alongwith deceased on 21.6.1995. The dead body was recovered after several days and post-mortem was conducted after about a week. However, Dr. P.K. Dhaliwal (PW.1) had opined that the deceased was murdered one week prior to conducting the post-mortem. We do not see any reason to disbelieve the said opinion. In such a fact-situation, it is evident that deceased has been done away in close proximity of time of last seen. None of the accused could furnish any explanation in their statement under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) as where did they drop him or where he had gone. In fact, Bharto Devi (PW.8), mother of deceased had deposed that one Nafe Singh (PW.9) had last seen deceased with the appellant and Jagbir Singh, co- accused on 21.6.1995. Nafe Singh (PW.9) was a family member of deceased family and he had informed Bharto Devi (PW.8) that the deceased was seen with them. Mahavir Singh, appellant and his younger brother have assaulted Suraj Mal, deceased with a lathi and a matter was reported to the police. She has further deposed about the illicit relation between her daughter-in-law and Jagbir Singh, co-accused. The actual narration about the last seen as per Bharto Devi (PW.8) had been that Suraj Mal (deceased) had gone with Nafe Singh (PW.9) for irrigating the agricultural land, however, he returned alone. On being asked by Bharto Devi (PW.8), Nafe Singh (PW.9) replied that Suraj Mal (deceased) had been talking with Jagbir Singh and Mahavir Singh at the outskirt of the village and in the morning when deceased did not return, she called Jagbir Singh and she was told by him that there was strike and Suraj Mal was taken away by the police alongwith others, so, it may take some time for him to come back.

9. So far as recovery is concerned, it was made vide Ex.PM, Ex.PN, Ex.PQ, Ex.PR and in the presence of the witnesses. At the disclosure statement of co-accused, Jagbir Singh and the appellant the recovered material also contained the chappal of deceased, blood stained shirt and pant of appellant which were found in a polythene under the bridge in Bhusalana Road on 3.7.1995. Again in Ex.PL there was another recovery memo of blood stained clothes of Mahavir Singh hidden up near the village in a pulia which had been recovered on his own disclosure statement. The said clothes were sent for FSL and as per the report it contained human blood. Blood was also found on Hexa blade, frame of Aari (saw) and traces of blood were also found on the pant recovered at the instance of the appellant.

In view of the above, we do not see any force in the submissions so advanced on behalf of the appellant.

15. Both the courts below after appreciating the evidence on record held the appellant guilty of the offences.

In view of the above, the appeal is devoid of merit and it is accordingly dismissed.