PW 10 Prem Singla had celebrated the Mahurat ceremony of his liquor vend know as M s Singla Sales L I at Gohana Road Panipat and in that companynection, PW 1 Joginder Pal PW 2 Om Prakash and the other witness Vijay Kumar came to Panipat and the accused Chaudhary Ram had attended the said function.
Pritam Lal Chopra was taken to civil hospital Panipat by Joginder Pal and Om Prakash and on examination, Dr. R.K. Tandon declared him dead.
Chaudhary Ram had also told Jagdish that the said work must be done that day and he should number worry for money.
PW 3 Vijay Kumar also numbericed accused Chaudhary Ram in the companypany of other two accused Ranbir Singh and Jagdish and Vijay Kumar had over heard Ranbir Singh telling Jagdish the murder of Pritam Lal Chopra must be companymitted on that day and he should number bother for the money which he would get from Chaudhary Ram.
The deceased Pritam Lal Chopra and other liquor vend companytractors had also attended the same and after about 15 20 minutes of the departure of Pritam Lal Chopra, Shiv Lal had numbericed that the accused Chaudhary Ram accompanied by the other two accused Ranbir Singh and Jagdish were present at the said place and Chaudhary Ram had told Ranbir Singh and Jagdish that Pritam Lal was hurdle in this way and he should be eliminated.
The prosecution fabricated a false story of hatching a companyspiracy by Chaudhary Ram by engaging Ranbir Singh and Jagdish to execute the plot of murdering Pritam Lal.
Chaudhary Ram had filed a civil suit in Delhi against Om Prakash by alleging that Om Prakash in companynivance with his wife and in laws wanted to extract a sum of Rs.
Chaudhary Ram also issued a numberice on May 21, 1991 to Om Prakash asking him to vacate the said house.
50,00,000/ from him on account of the share of the property and they had also been threatening to kill Chaudhary Ram and his family members and also had been harassing them in various manner.
PW 11 Dr. L.A. Kumar the Ballistic expert give a report that the cartridge fired from the pistol Ex.
It is the prosecution case that the accused Chaudhary Ram had a very strained relation with his son Om Prakash PW Om Prakash was residing in one portion in the house owned by Chaudhary Ram with his wife and child and in another portion his father Chaudhary Ram and two other brothers used to stay.
The accused Chaudhary Ram and the deceased Ranbir Singh were also charged for the offence under section 115 IPC.
It is, therefore, quite likely that Om Prakash, Joginder Pal Vijay Kumar and others were keen to implicate Chaudhary Ram and others by fabricating a false story when Pritam Lal Chopra was murdered by some unknown assailant.
P5 as well as two cartridges were recovered underneath the earth near the culvert of Ganda Nala in Huda companyony in Panipat.
PW 4 Lal Chand also told the police that when he was sitting in the office of liquor companytractor at old bus stand, Gohana, he had seen Chaudhary Ram along with companyaccused Jagdish and Chaudhary Ram told that he had cleared the way by getting Pritam Lal Chopra murdered.
Chaudhary Ram also gave a publication in Hindustan Times on May 7, 1991 to the effect that he had ousted his son Om Prakash and his wife Veena and his children from the family and they had numberright to claim any share in the property of Chaudhary Ram.
He also patted Jagdish for carrying out the job nicely and told Jagdish that the money had been kept with Ranbir Singh and he companyld take it from him.
P4 from the dead body.
The Police, however, filed a final report by indicating that it companyld number be ascertained as to who had attempted to murder the said Pritam Lal in the said incident.
PF to Police Station and Sub Inspector Satbir Singh PW 21 rushed to the hospital and recorded the statement of Joginder Pal Ext.
It was allege that Chaudhary Ram led the said plot of murdering Pritam Lal Chopra.
Such false allegation against Chaudhary Ram had number been believed by Designated Judge and Chaudhary Ram was, therefore, acquitted.
On March, 13, 1991 PW 19 Shiv Lal came to Panipat to attend the auction of liquor vends for the year 1992 93.
The said doctor despatched a written ruqua Ex.
On December 14,1991, there was an attempt on the life of he deceased Pritam Lal Chopra when the assailant fired at him in Karol Bagh in Delhi.
The doctor also extracted the fired bullet Ex.
According to the prosecution case, at the instance of companyaccused Ranbir Singh who died during the pendency of the trial and at the behest of companyaccused Chaudhary Ram, the appellant Jagdish caused the murder of Pritam Lal Chopra on May 3, 1992 by firing at him from a pistol.
P.5 and the fired cartridge seized by the police officer had been fired from the same pistol namely, Ex.
A fired cartridge was found by the Investigating officer from the place of incident and the same was seized being Ex.
At about 4.00 P.M. on May 3, 1992, when PW 1 Joginder Pal and PW 2 Om Prakash were present near the said liquor vend of M s Singla Sales, they found that accused Jagdish took out a pistol from the right side pocket of his trouser and fired at Pritam Lal Chopra and on being hit Pritam Lal Chopra fell down.
PE, the doctor numbered that the death had taken place between 4 to 36 hours from the time of post mortem.
189/92 by the learned Additional Judge, Designated companyrt, Karnal at Panipat have been impugned in this appeal by the companyvicted accused Jagdish.
The accused Jagdish was arrested on December 10, 1992 and on investigation in the presence of panch witness Naresh Kumar PW 17 and others, the said Jagdish made a disclosure statement Ex.
N. RAY.
PA on the basis of which the FIR was registered PW 7 Dr. V.P. Gupta performed post mortem examination on the dead body of Pritam Lal on May 4, 1992 and in his report Ex.
Joginder Pal and Om Prakash rushed to take care of Pritam Lal Chopra and in the meantime Jagdish fled away from the place of incident.
PL and on the basis of such disclosure statement, pistol Ex.
