{"id":91241,"date":"2009-05-12T00:00:00","date_gmt":"2009-05-11T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/rajrup-and-others-vs-state-of-haryana-on-12-may-2009"},"modified":"2017-09-16T17:19:36","modified_gmt":"2017-09-16T11:49:36","slug":"rajrup-and-others-vs-state-of-haryana-on-12-may-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/rajrup-and-others-vs-state-of-haryana-on-12-may-2009","title":{"rendered":"Rajrup And Others vs State Of Haryana on 12 May, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Rajrup And Others vs State Of Haryana on 12 May, 2009<\/div>\n<pre>Crl. Appeal No.535-DB of 1998                              1\n\n\nIN THE HIGH COURT OF PUNJAB &amp; HARYANA AT CHANDIGARH\n\n                             Crl. Appeal No.535-DB of 1998\n                             Date of decision : January 07, 2009\n\n                             *****\n\nRajrup and others\n                                               ............Appellants\n\n\nVersus\n\n\nState of Haryana\n                                                ...........Respondents\n\n                             *****\n\nCORAM: HON'BLE MR. JUSTICE JASBIR SINGH\n       HON'BLE MR. JUSTICE JORA SINGH\n\n                             *****\n\nPresent:    Mrs. Baljit Kaur Mann, Advocate for the appellants.\n\n            Ms. Naveen Malik, Additional Advocate General,\n            Haryana.\n                           *****\nJORA SINGH, J.\n<\/pre>\n<p>            Rajrup alias Babli, Rajpal alias Palu sons of Kanwar Lal<\/p>\n<p>and Kanwar Lal son of Ram Dhan ( since deceased) through this<\/p>\n<p>instant    appeal   have   impugned     the   judgment\/order       dated<\/p>\n<p>31.10.1998\/2.11.1998 respectively rendered by Additional Sessions<\/p>\n<p>Judge, Jhajjar in Sessions Case No.6 of 12.1.1993 in case FIR<\/p>\n<p>No.171 dated 22.9.1992 under Sections 302\/325\/323\/34 IPC, Police<\/p>\n<p>Station Beri, whereby Rajrup, Rajpal and Kanwar Lal were convicted<\/p>\n<p>under Sections 302\/325\/323\/34 IPC and were sentenced to undergo<\/p>\n<p>imprisonment as under:\n<\/p>\n<blockquote><p>            (1)Life imprisonment and to pay a fine of Rs.5000\/- each<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                              2<\/span><\/p>\n<p>              under Sections 302\/34 IPC. In default of payment of<\/p>\n<p>              fine to undergo further imprisonment for a period of one<\/p>\n<p>              year.\n<\/p><\/blockquote>\n<blockquote><p>           (2)RI for 6 months and a fine of Rs.500\/- each under<\/p>\n<p>              Sections 323\/34 IPC. In default of payment of fine to<\/p>\n<p>              undergo further imprisonment for three months.<\/p>\n<p>           (3)RI for three years and a fine of Rs.2000\/- each under<\/p>\n<p>              Sections 325\/34 IPC. In default of payment of fine to<\/p>\n<p>              undergo further imprisonment for six months.<\/p>\n<p>           All the sentences were ordered to run concurrently.<\/p>\n<p>           During the pendency of trial, Rajender Singh had expired.<\/p>\n<\/blockquote>\n<p>During the pendency of appeal, Kanwar Lal, one of the appellants<\/p>\n<p>had also expired.\n<\/p>\n<p>           Prosecution story, in brief, is that Sube Singh son of Ram<\/p>\n<p>Dhan, resident of Village Gwalison lodged report with the police to<\/p>\n<p>the effect that he had four sons and one daughter. Three sons had<\/p>\n<p>already expired. Fourth son namely, Ranbir Singh was residing with<\/p>\n<p>his family at the house of his in-laws at village Rawaldi for the last 20<\/p>\n<p>years. Sube Singh-complainant used to live with his daughter-in-law,<\/p>\n<p>Shanti widow of Dharambir along with her children. His daughter<\/p>\n<p>Prem had come to his house from the house of her in-laws and was<\/p>\n<p>staying with him. At about 10:00\/11:00 A.M, Ranbir Singh came and<\/p>\n<p>reported that death of a relation has taken place at village Kharkhari<\/p>\n<p>and in that connection he has come to the house of the complainant.<\/p>\n<p>On 25.9.1992, complainant-party is to visit village Kharkhari for<\/p>\n<p>paying condolence. Kanwar Lal is the brother of the complainant.<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                           3<\/span><\/p>\n<p>Six months ago, Kanwar Lal and his sons had a dispute qua water<\/p>\n<p>and passage of land with the complainant-party. But the dispute was<\/p>\n<p>settled in the Panchayat. Ranbir was also present at the time of<\/p>\n<p>compromise. Even after the compromise, Kanwar Lal and his sons<\/p>\n<p>continued to harass the complainant-party. At 3:00 P.M, he along<\/p>\n<p>with his son Ranbir Singh was going towards the bus stand of the<\/p>\n<p>village because Ranbir Singh was to go back to village Rawaldi.<\/p>\n<p>They were present near the shop of Joravar. Kanwar Lal, Rajinder<\/p>\n<p>Pal, Rajrup and Rajpal came from the backside. Kanwar Lal was<\/p>\n<p>armed with an iron pipe, Rajinder was holding a jaili, Rajrup was<\/p>\n<p>holding a pharsa and Raj Pal was holding a jaili with small prong.<\/p>\n<p>Rajrup gave a lalkara to catch hold of Ranbir and decide the dispute<\/p>\n<p>regarding water and passage of land because Ranbir whenever<\/p>\n<p>visited the village then raised a dispute. Rajrup gave three blows<\/p>\n<p>with a pharsa on the head of Ranbir.      Rajinder gave a jaili blow<\/p>\n<p>thrustwise on the back of Ranbir and again a jaili blow on the leg of<\/p>\n<p>Ranbir.   Kanwar Lal gave blow with a steel pipe on the back of<\/p>\n<p>Ranbir. Rajpal had waived the jaili and gave a lathiwise blow on the<\/p>\n<p>left thigh of Ranbir. Ranbir fell down on the ground. Complainant<\/p>\n<p>tried to intervene and raised an alarm. Then Rajinder gave jaili blow<\/p>\n<p>on the head and second blow on the thigh of the complainant.<\/p>\n<p>Kanwar Lal gave blows with a pipe to the complainant. Rajpal gave<\/p>\n<p>four jaili blows to the complainant. Raula was raised. Daughter of<\/p>\n<p>the complainant, Prem and his grandchildren Sunil, Jai Pal and Vijay<\/p>\n<p>also came to the spot. Sunil was also injured with a pipe by Kanwar<\/p>\n<p>Lal. After that accused had fled away from the spot. Injured was<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                            4<\/span><\/p>\n<p>shifted to Civil Hospital, Jhajjar on the tractor of Saheb Singh.<\/p>\n<p>Ranbir was declared dead by the doctor.        Complainant and his<\/p>\n<p>grand-daughter were medico-legally examined.<\/p>\n<p>             SHO, Police Station Jhajjar informed PS Beri regarding<\/p>\n<p>death of Ranbir Singh. On receipt of message, Brij Lal, ASI along<\/p>\n<p>with other police party had gone to Civil Hospital, Jhajjar. Dead body<\/p>\n<p>of Ranbir was lying in the emergency ward. Sube Singh was lying<\/p>\n<p>admitted in the emergency ward. After obtaining opinion from the<\/p>\n<p>doctor regarding fitness of the injured to make statement. Statement<\/p>\n<p>of Sube Singh was recorded.         Statement was read over and<\/p>\n<p>explained to him, who had thumb marked the same in token of its<\/p>\n<p>correctness. The statement was sent to police Station on the basis<\/p>\n<p>of which formal FIR under Sections 302\/323\/34 IPC was registered.<\/p>\n<p>Inquest report was prepared by ASI, Brij Lal. Application was moved<\/p>\n<p>for post mortem examination of the dead body of Ranbir Singh. After<\/p>\n<p>that investigation of the case was handed over to Shish Ram-<\/p>\n<p>Inspector.    Inspector Shish Ram along with the police officials<\/p>\n<p>including, ASI, Brij Lal and others had gone to the place of<\/p>\n<p>occurrence. But due to darkness and night time place of occurrence<\/p>\n<p>could not be inspected. One constable was deputed to guard the<\/p>\n<p>place of occurrence.    Inspector along with party had gone to the<\/p>\n<p>house of the complainant.     Statement of Prem daughter of Sube<\/p>\n<p>Singh was recorded under Section 161 Cr.P.C. Investigating Officer<\/p>\n<p>had inspected the place of occurrence and prepared a rough site<\/p>\n<p>plan. Blood stained earth was lifted and the same was made into a<\/p>\n<p>parcel sealed with the seal bearing impression `SR&#8217; and was taken<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                          5<\/span><\/p>\n<p>into possession vide memo attested by witnesses. Seal after its use<\/p>\n<p>was handed over to PW-Ramesh.        Statements of Jai Pal, Vijay,<\/p>\n<p>Sumer and Ramesh were also recorded under Section 161 Cr.P.C.<\/p>\n<p>Sunil was also sent to hospital for medico legal examination.<\/p>\n<p>Inspector Shish Ram was present at Jahajgarh Chowk on 23.9.92.<\/p>\n<p>Constable Raj Karan had produced the sealed parcel containing the<\/p>\n<p>clothes worn by the deceased. Sealed parcel was taken into police<\/p>\n<p>possession vide separate memo attested by the witnesses.        On<\/p>\n<p>return to the police station, case property was deposited with the<\/p>\n<p>MHC.     On 27.9.1992, Inspector Shish Ram was present in the<\/p>\n<p>revenue estate of Village Jhajjar.   There he    received a secret<\/p>\n<p>information that Kanwar Lal, Rajpal, Rajender and Rajrup are present<\/p>\n<p>at bus-stand Jhajjar. Raid was conducted then the accused were<\/p>\n<p>arrested from the Bus stand of Jhajjar. On 28.9.92, accused were<\/p>\n<p>interrogated separately regarding the weapons of offence in the<\/p>\n<p>presence of Dharambir and Rati Ram.          In pursuance of the<\/p>\n<p>disclosure statement suffered by Kanwar Lal, an iron pipe was<\/p>\n<p>recovered from the specified place. Sketch of the pipe was prepared<\/p>\n<p>and the pipe was taken into police possession after making into a<\/p>\n<p>sealed parcel.\n<\/p>\n<p>           On the same day i.e 28.9.1992, Rajpal accused suffered<\/p>\n<p>disclosure statement.   As per disclosure statement got recovered<\/p>\n<p>double pronged jaili from the specified place. Recovered weapon<\/p>\n<p>was sealed with the seal bearing impression SR and the sealed<\/p>\n<p>parcel was taken into police possession vide separate memo<\/p>\n<p>attested by the witnesses.\n<\/p>\n<p><span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                             6<\/span><\/p>\n<p>             On the same day i.e 28.9.1992, Rajrup was also<\/p>\n<p>interrogated then he suffered a disclosure statement.           As per<\/p>\n<p>disclosure statement suffered by accused, pharsa was recovered<\/p>\n<p>from the specified place. Sketch of the pharsa was prepared and the<\/p>\n<p>recovered weapon was taken into police possession vide separate<\/p>\n<p>memo attested by the witnesses. Rajinder accused also suffered<\/p>\n<p>disclosure statement and as per disclosure statement got recovered<\/p>\n<p>single prong jaili from the specified place. Sketch of the weapon was<\/p>\n<p>prepared and the same was taken into police possession vide<\/p>\n<p>separate memo attested by the witnesses. On return to the police<\/p>\n<p>station, case property was deposited with the MHC (Mahavir, Head<\/p>\n<p>Constable).\n<\/p>\n<p>             After the completion of the investigation, challan was<\/p>\n<p>presented.\n<\/p>\n<p>             Copies of the challan were supplied to the accused and<\/p>\n<p>the same were found to be correct after scrutiny.             Case was<\/p>\n<p>committed to the Court of Session for trial.\n<\/p>\n<p>             After hearing learned Public Prosecutor for the State,<\/p>\n<p>defence counsel for the accused and perusing documents on the file.<\/p>\n<p>Learned trial Court opined that a prima facie case is made out to<\/p>\n<p>frame charge under Sections 302\/323\/325\/34 IPC.           Charge was<\/p>\n<p>accordingly framed to which the accused did not plead guilty and<\/p>\n<p>claimed trial<\/p>\n<p>             In order to substantiate      the charges,   prosecution<\/p>\n<p>examined as many as twelve witnesses.\n<\/p>\n<p>             Dr. Ram Kumar was examined as PW-1. Dr. Ram Kumar<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                            7<\/span><\/p>\n<p>had medico-legally examined Sube Singh on 22.9.92 and found the<\/p>\n<p>following injuries on his person:\n<\/p>\n<blockquote><p>                       1. A lacerated wound 8 x 1 x bone deep on<\/p>\n<p>                          the vertex of the head having fresh<\/p>\n<p>                          bleeding. Margins were irregular and x-ray<\/p>\n<p>                          was advised.<\/p><\/blockquote>\n<blockquote><\/blockquote>\n<blockquote><p>                       2. A contusion 15 x 6 cm. On the right side of<\/p>\n<p>                          the chest just above the costal margin and<\/p>\n<p>                          it was reddish in colour.     Patient was<\/p>\n<p>                          complainant swear pain in it and x-ray was<\/p>\n<p>                          advised.\n<\/p><\/blockquote>\n<blockquote><p>                       3. A swelling 7.5 x 4 cm on dorsal aspect of<\/p>\n<p>                          right hand at the base of middle and ring<\/p>\n<p>                          finger.    Swelling was hot and tender and<\/p>\n<p>                          patient was unable to move the finger. X-<\/p>\n<p>                          ray was advised.\n<\/p><\/blockquote>\n<blockquote><p>                       4. A contusion 9 x 2.5 cm on the back of the<\/p>\n<p>                          right thigh just above the knee joint which<\/p>\n<p>                          was reddish in colour.\n<\/p><\/blockquote>\n<blockquote><p>                       5. A contusion 12 x 2.5 cm on the back of the<\/p>\n<p>                          right thigh 6 cm. above the injury no.4. It<\/p>\n<p>                          was reddish in colour.\n<\/p><\/blockquote>\n<blockquote><p>                       6. A contusion 10 x 3 cm on the back of the<\/p>\n<p>                          right thigh 7 cm above the injury no.5. It<\/p>\n<p>                          was reddish in colour.\n<\/p><\/blockquote>\n<blockquote><p>                       7. A contusion 5 x 2.5 cm on the back of the<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                              8<\/span><\/p>\n<p>                         right shoulder joint. It was reddish in colour<\/p>\n<p>                         and    patient   was   referred   to   Medical<\/p>\n<p>                         College, Rohtak for treatment.<\/p>\n<\/blockquote>\n<p>Injury no.2 on the person of Sube Singh was declared grievous.<\/p>\n<p>Other injuries were found to be simple in nature.<\/p>\n<p>           PW-2, Dr. Ajay Sharda stated that Sube Singh remained<\/p>\n<p>under his treatment.    Ex.PE is his bed head ticket.      Vide police<\/p>\n<p>request Ex.PF, he gave his opinion Ex.PF\/1.\n<\/p>\n<p>           PW-3, Dr. S.K Bhutani had conducted post mortem<\/p>\n<p>examination on the dead body of Ranbir on 23.9.92 and found the<\/p>\n<p>following injuries on the person of Ranbir:\n<\/p>\n<blockquote><p>                       1. Incised wound on front of forehead in the<\/p>\n<p>                         middle 3 cm x 0.5 cm              x 0.5 cm.\n<\/p><\/blockquote>\n<blockquote><p>                         Transversed.\n<\/p><\/blockquote>\n<blockquote><p>                       2. Incised wound on right parietal in the middle<\/p>\n<p>                         vertical, along medial line, 6 cm x 2 cm x<\/p>\n<p>                         1.5 cm and on cut section bone underline<\/p>\n<p>                         was fractured and grey matter oozing out.<\/p>\n<\/blockquote>\n<blockquote><p>                       3. Incised wound of right side of occipital<\/p>\n<p>                         back, semi circular, 4 cm x 1.5 cm x 1.5 cm<\/p>\n<p>                         and on cut section bone underline was<\/p>\n<p>                         fractured and grey matter was oozing out.<\/p>\n<\/blockquote>\n<blockquote><p>                       4. Incised wound on left occipital, transverse 4<\/p>\n<p>                         cm x 1.0 x1.5 cm.\n<\/p><\/blockquote>\n<blockquote><p>                       5. Abrasion on right abdomen, laterally lower<\/p>\n<p>                         limb vertical 3 cm x 1 cm.\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                               9<\/span><\/p>\n<blockquote>\n<\/blockquote>\n<blockquote><p>                      6. Pointed wound on right renal area back<\/p>\n<p>                        above upper part of right hip bone in the<\/p>\n<p>                        middle, 2 cm x 2 cm x cavity deep and bone<\/p>\n<p>                        underline (10th rib was fractured and liver on<\/p>\n<p>                        posterior part lower end was ruptured and<\/p>\n<p>                        cavity was full of blood).\n<\/p><\/blockquote>\n<blockquote><p>                      7. Contusion   of   right      knee   lower   limb<\/p>\n<p>                        transverse 2 cm x 1.5 cm.\n<\/p><\/blockquote>\n<blockquote><p>                      8. Contusion on right leg in the middle,<\/p>\n<p>                        anteriorly vertical 3 cm x 2 cm.<\/p>\n<\/blockquote>\n<blockquote><p>                      9. Multiple contusions of back of chest four in<\/p>\n<p>                        number 6 cm x 2 cm each.\n<\/p><\/blockquote>\n<blockquote><p>                      10.Contusion on left knee upper and laterally<\/p>\n<p>                        2 cm x 2 cm.<\/p><\/blockquote>\n<p>           Injuries were found to be ante mortem in nature and<\/p>\n<p>sufficient to cause death in the ordinary course of nature. Death was<\/p>\n<p>due to shock and haemorrhage as a result of injuries.           Probable<\/p>\n<p>duration between injuries and death was within six hours and<\/p>\n<p>between death and post mortem was within 24 hours.<\/p>\n<p>           PW-4, Chander Parkash Bhatnagar, Draftsman had<\/p>\n<p>prepared a scaled site plan Ex.PM.\n<\/p>\n<p>           PW-5, Sube Singh and PW-6, Sunil are the injured eye<\/p>\n<p>witnesses. Both on oath stated that Prem had come to her parental<\/p>\n<p>house.   Ranbir came to Village Gwalison due to the death of a<\/p>\n<p>relative at Village Kharkhari and in that connection he was to visit<\/p>\n<p>Kharkhar on 25.9.1992. The accused party had dispute qua water<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                            10<\/span><\/p>\n<p>and passage of land six months earlier with the complainant-party<\/p>\n<p>and that dispute was settled in the Panchayat.      Ranbir was also<\/p>\n<p>present in the Panchayat. But even after the compromise, accused<\/p>\n<p>party used to harass them. On 22.9.1992 at 3:00 P.M, Ranbir was to<\/p>\n<p>visit village Rawaldi. Ranbir along with Sube Singh while going to the<\/p>\n<p>Bus Stand were present near the shop of Joravar. Accused fully<\/p>\n<p>armed came from the backside. Kanwar Lal was armed with an iron<\/p>\n<p>pipe, Rajinder was holding a jaili, Rajrup was holding a pharsa and<\/p>\n<p>Raj Pal was holding a jaili with small prong. Rajrup gave a lalkara to<\/p>\n<p>catch hold of Ranbir and decide the dispute regarding water and<\/p>\n<p>passage of land because Ranbir whenever visited the village then<\/p>\n<p>had raised a dispute. Accused armed with different weapons had<\/p>\n<p>caused injuries to Ranbir. Sube Singh further stated that when he<\/p>\n<p>intervened to save Ranbir, then Rajinder, Kanwar Lal and Rajpal<\/p>\n<p>gave injuries to him with their weapons. Raula was raised. Prem<\/p>\n<p>daughter, Sunil grand daughter, Jaipal and Vijay grandsons of Sube<\/p>\n<p>Singh came to the spot.      Sunil was also injured with a pipe by<\/p>\n<p>Kanwar Lal.      Injured were shifted to hospital where Ranbir was<\/p>\n<p>declared dead.      On the statement of Sube Singh, main case was<\/p>\n<p>registered.\n<\/p>\n<p>              PW-7, ASI, Brij Lal on receipt of message from SHO,<\/p>\n<p>Police Station, Beri had gone to Civil Hospital, Jhajjar where dead<\/p>\n<p>body of Ranbir was lying. Sube Singh was also lying admitted in the<\/p>\n<p>hospital. Statement of Sube Singh was got recorded. Brij Lal had<\/p>\n<p>also prepared inquest report. Dead body was also handed over to<\/p>\n<p>the police officials for post mortem examination.<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                              11<\/span><\/p>\n<p>             PW-8, ASI, Sumer Singh stated that on 23.9.1992, he<\/p>\n<p>was with the party of SI, Shish Ram and in his presence, blood<\/p>\n<p>stained earth was lifted from the spot.\n<\/p>\n<p>             PW-9, Constble Raj Karan had tendered his affidavit<\/p>\n<p>Ex.PV.\n<\/p>\n<p>             PW-10, U.G.C Sardara Singh had handed over special<\/p>\n<p>report to the Illaqa Magistrate.\n<\/p>\n<p>             PW-11 Dr.Anamika deposed that on 23.9.92, Sube Singh<\/p>\n<p>was medico legally examined.\n<\/p>\n<p>             After the close of prosecution evidence, statements of the<\/p>\n<p>accused were recorded under Section 313 Cr.P.C. Accused denied<\/p>\n<p>all the allegations of the prosecution and pleaded to be innocent.<\/p>\n<p>             Defence version of Rajrup alias Babli was that in the<\/p>\n<p>month of September 1992, he had come on leave from Bangalore.<\/p>\n<p>He was serving in the Air force. He was not present at the time of<\/p>\n<p>occurrence. He was taken by the police on 22.9.1992 but his formal<\/p>\n<p>arrest was shown on 27.9.1992. Recovery of pharsa was planted on<\/p>\n<p>him. His signatures were obtained in the police station. His wife had<\/p>\n<p>approached the high officials regarding his illegal detention w.e.f<\/p>\n<p>22.9.1992.\n<\/p>\n<p>             Defence version of Kanwar Lal and Raj Pal was that on<\/p>\n<p>the date of alleged occurrence, dispute arose between Sube Singh<\/p>\n<p>and his son Ranbir Singh.          Earlier to that also, Sube Singh and<\/p>\n<p>Ranbir Singh had strained relations. Grand sons and other members<\/p>\n<p>of the family of Sube Singh gave beatings to Ranbir Singh outside<\/p>\n<p>the baithak. On receipt of injuries, Ranbir Singh had died. After the<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                            12<\/span><\/p>\n<p>death of Ranbir Singh, Sube Singh with the connivance of the police,<\/p>\n<p>had falsely implicated the accused.\n<\/p>\n<p>            In defence, Mahabir appeared as DW-1 and stated that<\/p>\n<p>Rajrup is married with his sister&#8217;s daughter Anita. Rajrup was falsely<\/p>\n<p>implicated in a murder case. On the date of occurrence, Rajrup and<\/p>\n<p>Anita were present in his house from 10:00 A.M to 5:00 P.M. After<\/p>\n<p>seven days, he came to know that Rajrup was falsely implicated in a<\/p>\n<p>murder case. He had gone to the police station to enquire as to why<\/p>\n<p>Rajrup was implicated in this case. He was also threatened by a<\/p>\n<p>police official to be implicated in the case.\n<\/p>\n<p>            DW-2, Bijender Singh stated that on 7.10.1992, complaint<\/p>\n<p>was received from Anita Devi.        Entry was made in the register.<\/p>\n<p>Complaint was regarding illegal detention of Rajrup.<\/p>\n<p>            DW-3, Anita Devi has supported the version of DW-1,<\/p>\n<p>Mahabir by saying that on the day of occurrence, she alongwith her<\/p>\n<p>husband, Rajrup was in the house of Mahabir from 10:00 A.M to 5:00<\/p>\n<p>P.M. Rajrup was arrested at 6:00 P.M while present in front of Civil<\/p>\n<p>Hospital, Jhajjar.   On 26.9.1992, a complaint was sent to Deputy<\/p>\n<p>Commissioner regarding illegal detention of Rajrup.<\/p>\n<p>            DW-4, Amarjeet Singh, Assistant Complaint Clerk, SP<\/p>\n<p>Office stated that no complaint was received from Anita from<\/p>\n<p>26.9.1992 to 28.9.1992 but on 5.10.92, a complaint was received on<\/p>\n<p>behalf of Ranbir regarding implication of Rajrup in FIR No.171.<\/p>\n<p>            After hearing learned counsel for the State, defence<\/p>\n<p>counsel for the accused, learned Additional Sessions Judge, Jhajjar<\/p>\n<p>had convicted the accused under Sections 302\/325\/323\/34 IPC and<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                             13<\/span><\/p>\n<p>were sentenced to undergo imprisonment as stated above.<\/p>\n<p>           Defence counsel for the appellant-accused argued that<\/p>\n<p>occurrence had taken place on 3:00 P.M on 22.9.1992. Ruqa was<\/p>\n<p>sent at 5:45 P.M but statement of the injured was recorded at 9:30<\/p>\n<p>P.M. FIR was recorded at 10:30 P.M. There was a delay in lodging<\/p>\n<p>the FIR. Distance of the place of occurrence from the police station<\/p>\n<p>was hardly 15 kilometers.     Story was concocted to implicate the<\/p>\n<p>appellants. Delay is fatal. There was no motive to commit the crime.<\/p>\n<p>For the last 20 years, Ranbir was staying at his in-laws house. Sube<\/p>\n<p>Singh had given property to his son. No question of dispute of water<\/p>\n<p>and passage of land with Ranbir Singh. In fact Ranbir Singh had<\/p>\n<p>dispute with Sube Singh.     Ranbir Singh was demanding property.<\/p>\n<p>Sube Singh and his family members had caused injuries to Ranbir<\/p>\n<p>Singh. Later on with the connivance of police, appellants-accused<\/p>\n<p>were falsely implicated. In case a dispute was earlier settled before<\/p>\n<p>the Panchayat then one or two Panchayat Members could easily be<\/p>\n<p>produced to show that earlier there was a dispute amongst the<\/p>\n<p>parties. Medical evidence is contrary to the ocular evidence. Rajpal<\/p>\n<p>was armed with a jaili and as per story he gave jaili blow on the left<\/p>\n<p>thigh of Ranbir.   If Rajpal had the intention to cause injuries then<\/p>\n<p>there was no idea to give jaili blow thrustwhile. Presence of Rajpal is<\/p>\n<p>doubtful. Rajrup was also not present at the time of occurrence. He<\/p>\n<p>was present at the house of Mahabir. In fact Sube Singh and his<\/p>\n<p>family members had caused injuries to Ranbir Singh. After the death<\/p>\n<p>of Ranbir Singh, whole story was concocted. Learned counsel for<\/p>\n<p>the appellants requested to acquit the appellants-accused.<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                             14<\/span><\/p>\n<p>           Ms. Navin Malik, Additional Advocate General, Haryana<\/p>\n<p>argued that deceased along with Sube Singh was present near the<\/p>\n<p>shop of Joravar. Accused fully armed came from the backside and<\/p>\n<p>had caused injuries to the deceased and Sube Singh. Appellants-<\/p>\n<p>accused had the intention to commit the crime.       Occurrence had<\/p>\n<p>taken place on 22.9.1992. If Rajrup was at the house of Mahabir<\/p>\n<p>then why complaint was not sent on the same day. Ex.DB is the<\/p>\n<p>copy of the complaint dated 26.9.1992. DW-1, Mahabir and the wife<\/p>\n<p>of Rajrup were very much interested in the acquittal of appellant-<\/p>\n<p>accused. Rajrup when examined under Section 313 Cr.P.C then he<\/p>\n<p>did not state a word that he had gone to the house of Mahabir.<\/p>\n<p>Occurrence had taken place near the shop of Joravar but no<\/p>\n<p>independent witness came forward to say that Sube Singh and his<\/p>\n<p>family members had caused injuries to Ranbir Singh. If the defence<\/p>\n<p>version is correct one than the question is how the injuries figured on<\/p>\n<p>the person of Sube Singh and Sunil.         Learned counsel for the<\/p>\n<p>respondent-State further argued that evidence on the file was rightly<\/p>\n<p>appreciated. She requested to dismiss the appeal.<\/p>\n<p>           First submission of the learned defence counsel is that<\/p>\n<p>there is delay in lodging the FIR and delay is fatal. But we are not in<\/p>\n<p>a position to agree with the submission of the learned defence<\/p>\n<p>counsel because occurrence had taken place at about 3:00 P.M near<\/p>\n<p>the shop of Joravar. After the occurrence injured was shifted to Civil<\/p>\n<p>Hospital, Jhajjar, where Ranbir Singh was declared dead. From Civil<\/p>\n<p>Hospital, Jhajjar, V.T message was sent to police Station, Jhajjar and<\/p>\n<p>from police station Jhajjar, message was sent to Police Station Beri.<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                            15<\/span><\/p>\n<p>On receipt of message, ASI, Brij Lal, incharge PP Chuchakwas<\/p>\n<p>reached Police Station, Jhajjar. Thereafter he went to Civil Hospital,<\/p>\n<p>Jhajjar.   Dead body of Ranbir Singh was lying in the emergency<\/p>\n<p>ward. Sube Singh was lying admitted in the emergency ward. After<\/p>\n<p>obtaining opinion from doctor as to whether injured is fit to make a<\/p>\n<p>statement or not, statement of Sube Singh was recorded.          After<\/p>\n<p>making endorsement at 9:30 P.M on 22.2.1992, statement was sent<\/p>\n<p>to police station, Beri. On the statement of Sube Singh, formal FIR<\/p>\n<p>was recorded. Sunil was also injured. Ten injuries were noted on<\/p>\n<p>the person of Ranbir Singh. Seven injuries were noted on the person<\/p>\n<p>of Sube Singh. When there are number of injuries with sharp edged<\/p>\n<p>weapons then an effort is made to shift the injured to the nearest<\/p>\n<p>hospital for medical aid.     Eye witnesses\/close relations are not<\/p>\n<p>expected to approach the police station by leaving the injured on the<\/p>\n<p>spot. Appellants-accused were related to the deceased. By leaving<\/p>\n<p>the real culprit particularly, when the occurrence was during the day<\/p>\n<p>time, complainant-party was not expected to implicate the appellants-<\/p>\n<p>accused. Delay was fully explained. In case we presume that there<\/p>\n<p>is delay in lodging the FIR then delay itself is not sufficient for<\/p>\n<p>acquittal of the accused.         Delay is one of the suspicious<\/p>\n<p>circumstances to scrutinize the evidence with great care and caution.<\/p>\n<p>Delay is not sufficient for acquittal of the accused.<\/p>\n<p>            Second submission of the learned defence counsel for<\/p>\n<p>the appellants-accused is that there was no motive\/enmity to commit<\/p>\n<p>the crime. In fact, Ranbir Singh was residing at his in-laws house.<\/p>\n<p>Father-in-law of Ranbir had transferred his property in the name of<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                             16<\/span><\/p>\n<p>the sons of Ranbir Singh. Ranbir Singh was pressurizing his father<\/p>\n<p>to give his share.    Complainant-party had a dispute with Ranbir<\/p>\n<p>Singh. Ranbir Singh was given injuries near the baithak. Appellants-<\/p>\n<p>accused were falsely implicated.\n<\/p>\n<p>           We have considered the submission of the learned<\/p>\n<p>defence counsel but we are not in a position to accept the same.<\/p>\n<p>Evidence on the file shows that earlier to the present occurrence,<\/p>\n<p>there was a dispute qua water and passage amongst the parties and<\/p>\n<p>that dispute was settled in the Panchayat. In case there was no<\/p>\n<p>dispute six months earlier, then any Member of the Panchayat could<\/p>\n<p>be produced in defence to state that there was no dispute amongst<\/p>\n<p>the complainant party and the accused.          As discussed earlier,<\/p>\n<p>appellants are related to the complainant-party and if there was no<\/p>\n<p>dispute then there was no idea to implicate the appellants-accused.<\/p>\n<p>Sometimes without motive, heinous crimes are committed. In case<\/p>\n<p>prosecution fails to prove motive then only on this short ground, story<\/p>\n<p>is not to be ignored. In the present case, six months earlier to the<\/p>\n<p>present occurrence, there was a dispute amongst the complainant-<\/p>\n<p>party and the accused qua path and water course but that dispute<\/p>\n<p>was settled. Appellants-accused were of the opinion that whenever<\/p>\n<p>Ranbir Singh came to the house of his father then his family<\/p>\n<p>members were instigated to have dispute with the appellants-<\/p>\n<p>accused. To settle the dispute, accused-party came fully armed and<\/p>\n<p>had caused injuries to Ranbir Singh and Sube Singh. All injuries on<\/p>\n<p>the person of Ranbir Singh and Sube Singh cannot be self-suffered<\/p>\n<p>or self-inflicted, particularly, when some of the injuries were on the<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                              17<\/span><\/p>\n<p>vital parts of the body.\n<\/p>\n<p>            Defence counsel further submitted that presence of<\/p>\n<p>Rajpal at the time of occurrence is doubtful. Rajpal was armed with<\/p>\n<p>small pronged jaili. One injury was caused on the left foot of Ranbir<\/p>\n<p>Singh. Some injuries were given to Sube Singh with a jaili by using<\/p>\n<p>the same dangwise.         In case Rajpal had the intention to cause<\/p>\n<p>injuries then injuries could easily be caused with his jaili thrustwise.<\/p>\n<p>There was no idea to cause injury with a jaili like dangwise.<\/p>\n<p>Submission of the learned defence counsel seems to be reasonable<\/p>\n<p>one. Rajpal was armed with small pronged jaili and as per story only<\/p>\n<p>one injury was given to Ranbir Singh by using jaili dangwise and the<\/p>\n<p>injury was on the left foot. Four injuries with a jaili were given to<\/p>\n<p>Sube Singh.     Jaili was used like dangwise.    Dr. S.K Bhutani had<\/p>\n<p>conducted post mortem examination on the dead body of Ranbir<\/p>\n<p>Singh. But no injury on the left foot. Dr. Ram Kumar had medico<\/p>\n<p>legally examined Sube Singh. There were four injuries alleged to be<\/p>\n<p>caused by Rajpal i.e one on the thigh second on the right side of<\/p>\n<p>stomach, third on the right hip and last on the right side of the<\/p>\n<p>shoulder.     On cross-examination, doctor admitted that injuries<\/p>\n<p>alleged to have been caused by Rajpal with a jaili used dangwise are<\/p>\n<p>possible by fall. Sube Singh while appearing in the Court as PW-5,<\/p>\n<p>in chief, stated that Rajpal waived the jaili and gave lathiwise blow on<\/p>\n<p>the right thigh of Ranbir Singh and then again on the left thigh. But<\/p>\n<p>as per doctor, no injury on the left thigh of Ranbir Singh was noticed.<\/p>\n<p>On cross-examination, Sube Singh admitted that on receipt of<\/p>\n<p>injuries, he had a fall on the left side touching the ground. But, not<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                           18<\/span><\/p>\n<p>even a single word has been mentioned in the FIR that on receipt of<\/p>\n<p>injuries, Sube Singh had a fall on the ground. Injuries alleged to<\/p>\n<p>have been caused by Rajpal as per doctor were possible by fall.<\/p>\n<p>Rajpal was armed with a jaili but only one blow was given to Ranbir.<\/p>\n<p>If Rajpal had the intention or he was present at the time of<\/p>\n<p>occurrence then number of injuries were expected to have been<\/p>\n<p>caused with a jaili by using the same thrustwise not dangwise. Due<\/p>\n<p>to previous enmity, Rajpal was expected to repeat the blow but blow<\/p>\n<p>was not repeated. Before the present occurrence, complainant-party<\/p>\n<p>had a dispute with the accused-party. No jaili blow alleged to have<\/p>\n<p>been given to Ranbir Singh by Rajpal was noticed by the doctor at<\/p>\n<p>the time of post mortem examination. Injuries alleged to have been<\/p>\n<p>caused by Rajpal on the person of Sube Singh were possible by a<\/p>\n<p>fall. Rajpal was implicated being the brother of Rajrup and son of<\/p>\n<p>Kanwar Lal, who died during the pendency of the appeal.        Sunil,<\/p>\n<p>second injured was examined on 23.9.1999. But injury on the person<\/p>\n<p>of Sunil was possible by fall. Sunil when appeared in Court then<\/p>\n<p>stated that Rajpal gave two jaili blows on the right leg of Ranbir.<\/p>\n<p>Rajpal gave three jaili blows to Sube Singh. One on the right foot,<\/p>\n<p>second on the shoulder and third on the right side. Statement of<\/p>\n<p>Sunil is contrary to the sttement of Sube Singh and medical evidence<\/p>\n<p>as suggestion was given to Sunil that she had not witnessed the<\/p>\n<p>occurrence. Presence of Rajpal at the time of occurrence is doubtful.<\/p>\n<p>           Defence counsel further argued that presence of Rajrup<\/p>\n<p>is also doubtful at the time of occurrence. Rajender Singh had died<\/p>\n<p>during the pendency of the trial. Kanwarl Lal had died during the<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                           19<\/span><\/p>\n<p>pendency of the appeal. On the day of occurrence, Rajrup was away<\/p>\n<p>to the house of Mahabir. Mahabir appeared as DW-1 and stated that<\/p>\n<p>at the time of occurrence, Rajrup was present in his house. But after<\/p>\n<p>going through the evidence on file, we are not in a position to agree<\/p>\n<p>with the submission of the learned defence counsel. No suggestion<\/p>\n<p>to the witnesses that at the time of occurrence, Rajrup was not<\/p>\n<p>present and in fact he was present in the house of Mahabir. Rajrup<\/p>\n<p>when examined under Section 313 Cr.P.C, then stated that on the<\/p>\n<p>day of occurrence, he was on leave. He was arrested by the police<\/p>\n<p>on 22.9.1992 but his formal arrest was shown on 27.9.92. His wife<\/p>\n<p>had moved the higher authorities for his illegal detention from<\/p>\n<p>22.9.92. In case Rajrup was present in the house of Mahabir at the<\/p>\n<p>time of occurrence, then Rajrup when examined under Section 313<\/p>\n<p>Cr.P.C should have stated that he was present in the house of<\/p>\n<p>Mahabir situated in the revenue estate of village Chhara. Mahabir, in<\/p>\n<p>examination-in-chief stated that Rajrup is married with Anita,<\/p>\n<p>daughter of his sister. After seven days he came to know that Rajrup<\/p>\n<p>was involved in a murder case. He had gone to police station to<\/p>\n<p>enquire as to why Rajrup was implicated in a murder case. That<\/p>\n<p>means after seven days, Mahabir came to know that Rajrup was<\/p>\n<p>taken away by the police. In case Rajrup was arrested on 22.9.92<\/p>\n<p>then Mahabir being the relative of Rajrup should have approached<\/p>\n<p>the police immediately. Statement of Mahabir was not recorded by<\/p>\n<p>the police.   Mahabir did not file any complaint against the police<\/p>\n<p>officials. In cross-examination, Mahabir admitted that after two days<\/p>\n<p>he came to know from Anita that complaint was sent to the higher<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                            20<\/span><\/p>\n<p>authorities qua false involvement of Rajrup. Anita appeared as DW-3<\/p>\n<p>and stated that from 10:00 A.M to 5:00 P.M on 22.9.92, she along<\/p>\n<p>with Rajrup was present in the house of Mahabir. But Rajrup was<\/p>\n<p>arrested on the same day while present in front of Civil Hospital,<\/p>\n<p>Jhajjar.   On 26.9.1992, she had sent complaints to the Deputy<\/p>\n<p>Commissioner.     Her grandfather had sent complaints to Deputy<\/p>\n<p>Commissioner on 28.9.92. In case Rajrup was arrested on the same<\/p>\n<p>day and was detained illegally, then why complaints were not sent on<\/p>\n<p>the same day. On 24.9.1992 or 25.9.1992, Mahabir came to know<\/p>\n<p>from Anita that complaints were sent to the higher authorities but<\/p>\n<p>Anita stated that complaints were sent to the higher authorities on<\/p>\n<p>28.9.1992. Anita, in cross-examination, admitted that she along with<\/p>\n<p>her grand father had gone to police station on 24.9.92 to enquire as<\/p>\n<p>to why Rajrup was arrested.     Rajrup was armed with pharsa and<\/p>\n<p>gave three blows to Ranbir Singh. Blows were on the vital parts of<\/p>\n<p>the body. Blows on the vital parts cannot be self-suffered or self-<\/p>\n<p>inflicted. As per defence version of Kanwar Lal, Ranbir Singh had<\/p>\n<p>dispute with Sube Singh and other family members. Sube Singh and<\/p>\n<p>his family members gave beatings to Ranbir Singh outside the<\/p>\n<p>baithak.   But Sube Singh and Ranbir Singh had no dispute with<\/p>\n<p>anybody else. Prior to the present occurrence, Ranbir Singh had not<\/p>\n<p>filed any civil suit or complaint against Sube Singh and others to get<\/p>\n<p>his share from Sube Singh. When Ranbir Singh or his sons were<\/p>\n<p>not demanding property from Sube Singh and there was no dispute<\/p>\n<p>then Sube Singh and his family members were not supposed to give<\/p>\n<p>beatings to Ranbir Singh. All this shows that Rajrup fully armed was<br \/>\n<span class=\"hidden_text\"> Crl. Appeal No.535-DB of 1998                              21<\/span><\/p>\n<p>present at the time of occurrence and had caused injuries to Ranbir<\/p>\n<p>Singh.\n<\/p>\n<p>           No other submission was put forward.\n<\/p>\n<p>           In view of the all discussed above, appeal filed by Rajpal<\/p>\n<p>is accepted, whereas of Rajrup is dismissed.\n<\/p>\n<p>           Registry to send intimation to the concerned authorities<\/p>\n<p>for the release of appellant, Rajpal forthwith, in case he is not wanted<\/p>\n<p>in any other Court.\n<\/p>\n<\/p>\n<pre>                      ( JASBIR SINGH )             ( JORA SINGH )\n                          JUDGE                       JUDGE\n\nJanuary 07, 2009\nritu\n <\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Rajrup And Others vs State Of Haryana on 12 May, 2009 Crl. Appeal No.535-DB of 1998 1 IN THE HIGH COURT OF PUNJAB &amp; HARYANA AT CHANDIGARH Crl. Appeal No.535-DB of 1998 Date of decision : January 07, 2009 ***** Rajrup and others &#8230;&#8230;&#8230;&#8230;Appellants Versus State of Haryana &#8230;&#8230;&#8230;..Respondents ***** CORAM: HON&#8217;BLE [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-91241","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Rajrup And Others vs State Of Haryana on 12 May, 2009 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/rajrup-and-others-vs-state-of-haryana-on-12-may-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Rajrup And Others vs State Of Haryana on 12 May, 2009 - Free Judgements of Supreme Court &amp; 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