Deepa @ Deep Chand & Anr vs State Of Haryana

2. According to the prosecution, one Amar Singh had two brothers, namely, Data Ram and Sheo Chand. Amar Singh had four sons, viz., Mauji Ram, Roop Chand @ Roopa, Ram Singh and Deepa Chand @ Deepa. Deep Chand @ Deepa and Sukhbir Singh, son of Mauji Ram, are the present appellants, who were tried and stand convicted for the offence of murder of Roop Chand @ Roopa. Said Roop Chand @ Roopa was unmarried and aged about 80 years on the date of incident and was residing with Randhir Singh, grandson of the above-named Sheo Chand. It is alleged that Roop Chand owned agricultural land which was being cultivated by said Randhir Singh, which fact was not to the liking of his brother Deep Chand @ Deepa and the immediate family.

3. It is alleged that on 04.12.1998 at about 7.00 a.m., Roop Chand had gone to irrigate his land and was followed by Randhir Singh and his son Surender Singh at 8.00 a.m. with his meal. While they were approximately an acre and a half length away from the kotha in their field, they saw Roop Chand @ Roopa being attacked by Deep Chand @ Deepa with an axe, by Sukhbir Singh with a jaili and Basti Ram, son of Sukhbir with a gandasa. These three assailants noted the presence of Randhir Singh and his son Surender Singh and escaped with their weapons. Randhir Singh and Surender Singh immediately put the injured Roop Chand on their tractor and shifted him to Aggarwal Hospital, Gannaur, for medical treatment. According to the Medico-legal Report (Ext. PN), Roop Chand was brought to the hospital at about 9.20 a.m. and was examined by Dr. G.P. Aggarwal. Dr. Aggarwal sent intimation or ruqa (PN/1) to the Police Station at 10.00 a.m., whereupon the Police reached the hospital. Roop Chand was not in a position to make any statement and succumbed to his injuries in the hospital. The Police recorded the statement of Randhir Singh at about 11.50 a.m., pursuant to which FIR No.444 was registered with Police Station, Gannaur.

4. Accused Deep Chand and Sukhbir Singh were arrested on 07.12.1998 and pursuant to their disclosure statements, an axe and a jaili were recovered. Basti Ram was arrested on 08.12.1998. During the investigation, it was found that Basti Ram was juvenile and as such his case was separated and he was later tried by the Juvenile Justice Court. As regards Deep Chand @ Deepa and Sukhbir Singh, challan was filed after completion of the investigation and the case was later committed to be tried by the Sessions Court, Sonepat. In order to substantiate the charge of murder, the prosecution examined fourteen witnesses and tendered some documents. Randhir Singh and Surender Singh, eye-witnesses to the occurrence, were examined as PW-5 and PW-6 respectively, while Dr. G.P. Aggarwal was examined as PW-12. Dr. Arun Garg, who conducted the post mortem on the dead body of Roop Chand at about 3.00 p.m. on 04.12.1998, found the following ante mortem injuries on the person of the deceased:

9. The appellants, who were released on bail pursuant to this Court's order dated 11.04.2011, shall serve out the sentence awarded to them. Their bail bonds stand cancelled and they be taken into custody forthwith.

Hon'ble Mr. Justice Uday Umesh Lalit pronounced the non-reportable judgment of the Bench comprising Hon'ble Mr. Justice Dipak Misra and His Lordship.

The appeal is dismissed. The appellants, who were released on bail pursuant to this Court's order dated 11.04.2011, shall serve out the sentence awarded to them. Their bail bonds stand cancelled and they be taken into custody forthwith in terms of the signed non-reportable judgment.

(Signed non-reportable judgment is placed on the file)