Rajender Singh & Anr vs State Of Haryana

3. The accused filed three sets of appeals before the High Court of Punjab & Haryana at Chandigarh. (A-1), (A-4) and (A-5) filed Criminal Appeal No. 194-DB of 2003 whereas Criminal Appeal 3 No. 207-DB of 2003 was filed by (A-2) and Criminal Appeal No. 224-DB of 2003 was filed by (A-3) and (A-7). The High Court by a common judgment and order dated August 16, 2005 modified the judgment of the Trial Court. It upheld the conviction and sentence of (A-1), (A-2), (A-3) and (A-4). It, however, acquitted (A-5) and (A-7).

4. (A-1), (A-2), (A-3) and (A-4) have now approached this Court in these appeals. These appeals were heard together and shall stand disposed of by this common judgment.

5. The incident leading to the prosecution of the appellants occurred on 29.05.2002. Dinesh, son of Dharambir (PW-1) complainant, had gone to Delhi for ascertaining the date of his interview for recruitment to the Police Force of Delhi Government, but till late night he did not return to his village Sundana, Tehsil Kalanaur, District Rohtak. On the following day, i.e. 30.05.2002, at about 4.00 a.m. Randhir Singh (PW-10) elder brother of PW-11 told PW-1 that Dinesh was wrongfully confined in the house of appellant-Suraj Bhan (A-1). It was Jagbir (PW-9), a jeep driver, who disclosed this fact to PW-10. On coming to know the fact of confinement of his son by A-1, 4 PW-1 alongwith his father Sube Singh (PW-11) and uncle Raghbir Singh rushed to the house of A-1, where they found the outer door of the house bolted from inside. They all heard the shrieks of Dinesh "maar diya, maar diya". Thereupon, they peeped through the window and saw that all the appellants including A-6 (since acquitted) had made Dinesh to lie down on the floor of the room, his hands and legs were tied with a rope. In the electric bulb light and within their sight, A-1 inserted a "danda" (wooden stick) in the anus of Dinesh, who cried loudly in pain. On seeing the occurrence, PW-1, PW-11 and Raghbir Singh raised an alarm and forcibly broke open the door of the room. On seeing them, the appellants fled away and took "danda" and piece of rope with them. They attended Dinesh, but he succumbed to his injuries at the spot.

7. PW-1 requested his father Sube Singh (PW-11) and uncle Raghbir Singh to safe guard the dead body of Dinesh at the place of occurrence and himself rushed to the Police Station for lodging a report. On the way, Om Parkash, ASI (PW-14) met PW-1 at the curve of Beri Road, where, he made statement (Ex.PA) at 9.00 a.m. narrating the entire incident. PW-14 then made his endorsement (Ex.PA-2) on the said report and sent the same to the Police Station through Constable Krishan Kumar, on the basis of which formal FIR (Ex. PJ) was recorded by MHC Mohinder Singh (PW-6) at 11.00 a.m. on the same day. The Special Report thereof was sent to the Illaqa Judicial Magistrate through Constable Udham Singh (PW-4), which was received at his residence at 2.35 p.m. at Rohtak. Thereafter, PW-14 alongwith PW-1 rushed to the place of occurrence and got the dead body photographed from Gobind Ram, Photographer (PW-7). PW-14 prepared the inquest report (Ex. PM) and then sent the dead body for post mortem examination. From the spot, PW-14 lifted blood stained earth, pair of sport shoes (Exs. P11 and P12) and jute rope (Ex.P13). They were taken into possession vide recovery memos (Ex. PB to Ex. PD) and sealed in 6 separate parcels. At the spot, rough site plan (Ex.PR) of the place of occurrence was also prepared by the Investigating Officer. On the same day, investigation of the case was taken over by Sub-Inspector Rohtas Singh (PW-12). He recorded the statements of PW-1, Randhir, Zile Singh, Jagbir (PW-9), a jeep driver, and other witnesses. Thereafter, PW-12 searched for the accused in the village but they were found missing. The Deputy Superintendent of Police had also visited the place of occurrence and verified the investigation of the case. Naresh Kumar, Constable (PW-3), took the dead body of deceased Dinesh to the Hospital for post mortem examination.

8. On 01.06.2002, A-1, A-2, A-3 and A-4 were produced before PW-12 by Zile Singh. After their arrest by the Investigating Officer, A-1 during interrogation made disclosure statement (Ex.PQ) to the effect that he had kept concealed "danda" and "rope" under an iron box in his house and in pursuance thereof, he got recovered "danda" (Ex. P-18) (broken into two pieces) and "rope" (Ex. P-19), which were taken into possession vide recovery memo (Ex.PQ/4). The entire recovered 7 articles were sealed and deposited with MHC of Police Station, Kalanaur.

11. The accused in their statements recorded under Section 313 Cr.P.C denied the incriminating evidence appearing against them. They pleaded that they have been implicated in a false 9 case and they claimed to be innocent. They examined three defence witnesses, namely, Suraj Mal (DW-1), who deposed regarding disconnection of the electric connection at the house of A-1; Rajinder Singh, DSP (DW-2), on whose verification three persons, namely, Sajjan, Dharambir and Sube Singh were found innocent in this case and Jagbir (DW-3) who was married to Poonam, daughter of Suraj Bhan (A-1) on 26.05.2002. DW-3 stated that on the evening of 25.09.2002 Dinesh had misbehaved with his wife at his Village Kohla.

13. Being aggrieved, the accused filed three sets of separate appeals before the High Court. The High Court dismissed the appeals of A-1, A-2, A-3 and A-4. It, however, allowed the appeals of A-5 and A-7 and accordingly acquitted them. 10

iii. There was bruise 2 x 2 cm on right elbow with discoloration of skin with blurred margins;

iv. Multiple bruises 5 x 5 cm present on both hands on dorsal aspect.

Margin blurred with discoloration of skin present. On dissection, extra vestation of blood into skin and subcutaneous with infilteration.

viii. Bruise 3 x 2 cm on the left thigh with blurred margins;

ix. An lacerated wound 2 x 1 cm on the left leg with margins blurred and extra vestation blood into skin discoloration;

x. A lacerated would 5 cm below the above mentioned wound;

xi. Bruise swelling on ankle joint (right) 2 x 2 cm with discoloration of skin;

Abdominal wall as described above.

Peritorium haemoperitome present.

Mouth pharnix and esophagus healthy, stomach and its contents was healthy. Small intestines and large intestines and liver already described.

Organ of generation was healthy.

25.No other point has been raised by the appellants. We thus, find no merit and substance in any of the submission made on behalf of the appellants.

26.In the result, for the afore-stated reasons, there is no merit in these appeals and these are, accordingly, dismissed.