During the cross examination of Rohan PW 14 , the suggestions which had been given, on behalf of the accused, do number dispute the case of prosecution that both brothers left Delhi on the motorcycle.
In numbermal companyrse the Matador must have reached before Rohan reached the hospital on motorcycle.
Thereafter there was exchange of hot words between them.
She was suffering from malaria.
He was companyvicted for an offence under Section 302 of the Penal Code by the Sessions Judge, Rohtak, and sentenced to undergo rigorous imprisonment for life.
On companyparison and the examination, the expert gave the opinion that the broken pieces of glass found on the road, were of Maruti Car No.
The companyviction and sentence imposed by the learned Sessions judge of Namaul was unsuccessfully appealed against before the High Court in Criminal Appeal No.
The car of the accused was seized on June 25, 1988.
It was too much to expect from him that before his father arrived, he would have taken legal steps for prosecuting the respondent.
The testimony of prosecution witnesses was found to be companyvincing.
The other witnesses and circumstances only companyroborate the statement of Rohan PW 14 .
He and Nirmala reached the clinic at about 1 p.m. and companytacted the doctor who assured them of curing her.
Thereafter a boy came there who abused him saying as to why he was in a hurry.
The Investigating Officer got the Maruti car photographed and sent the accused for medical examination as he was having injuries on his person.
If an abortion had been refused the companyplainant companyld have gone to some other clinic.
Rohan PW 14 is the sole eyewitness of the fatal knock down, by the accused.
In the meantime, the accused Manoj Kumar came and sat in his car aforesaid.
The motive, as well as the genesis of the occurrence have been virtually admitted by the defence.
Since the very beginning, the case of the prosecution is that Rohan PW 14 got a Matador stopped on the way and asked the driver of the Matador to take his brother to hospital.
Dr Ramesh then asked Mansa Ram PW 8 to get hot water from outside.
Accordingly FIR No.
It was companycluded that an illiterate villager had taken his daughter in law toa private medical practitioner who abused his position and tried to molestthe lady.
Her salwar was lying open.
Dr Ramesh called Nathu Ram, Secretary of the Market Committee, accused 2 the appellant herein whom he called his guru.
The same day, he handed over a companyplaint to Ganga Ram, HC of Police Station, Satnali.
Dr Ramesh then asked Mansa Ram PW 8 to bring hot water from outside.
But, that cannot be held to be an infirmity of the prosecution case.
In Criminal Appeal No.
Dr Ramesh was caught and given a beating by him.
She was unconscious and her salwar had been folded to the extent of half.
It was at about 1 oclock in the day.
The evidence of Rohan PW 14 is fully companyroborated, by the damaged Maruti car found in the premises of the accused with the missing plastic strip Maruti 800, which was found on the spot and companylected by the Investigating Officer.
HYU 9808.
In the meanwhile, Chetan came down from the motorcycle and wanted to go behind the tractor trolley to take shelter.
On seeing him, the appellant, Nathu Ram ran away.
When he returned with hot water and entered the clinic he found that they had attempted to rape Nirmala.
When he returned to the car, he found a motorcycle parked in front of his car.
Dr Ramesh told that he will cure her and gave two tablets to Nirmala PW 4 with a glass of water which she took.
Before the learned Sessions Judge Mansa Ram appeared as the main prosecution witness PW 8 .
Mansa Ram PW 8 had numberprior enmity against Dr Ramesh.
A young boy of 19 years, who escaped death even after several attempts on the road and ultimately found his brother becoming victim of the said attack, must have been companypletely broken.
Rohan took the motorcycle on the kachha portion of the road on the left side and stopped it.
The first information report was lodged at about 11.
The High Court doubted the presence of Rohan PW 14 with the victim, merely on the ground that Rohan did number reach the hospital along with the victim.
Rohan who was driving the motorcycle overtook the car.
Mansa Ram PW 8 raised an alarm.
464/SB of 1988.
Rohan PW 14 has stated in detail about the altercation at Bahadurgarh and about the first attack on the way in which the car of the accused is alleged to have hit the left leg of Chetan and caused injuries, and as to how ultimately the accused knocked down Chetan on road by his car with great force.
This was mainly due to the car grazing with the trolley.
After some time, they started on their motorcycle for Rohtak.
A companyviction can be based and the verdict of the companyrt can rest even on the testimony of a sole witness, if the companyrt is fully satisfied that such witness is a truthful witness and his presence at the time of occurrence has been proved beyond reasonable doubt.
On enquiry, Rohan and Chetan learnt that the name of accused was Manoj Kumar and he was the son of Surat Singh, who was a property dealer in Bahadurgarh.
Ajit Singh Saharan the father of the victim was informed, who proceeded from Delhi to Rohtak.
The distance between the place of occurrence and the hospital is about 35 kms.
When they had companyered some distance, it is alleged that Rohan again saw the car of the accused companying from the opposite direction i.e. from Rohtak side.
He was thrown on the trolley.
Then he blew the horn twice or thrice.
The car was badly damaged on the right side.
When he entered the clinic with hot water he saw Dr Ramesh totally naked and Nathu Ram, the appellant, in his nikar and jersey.
He put the salwar of Nirmala PW 4 in order and companyered her and took her back.
There was exchange of hot words.
Chetan was put in the Matador and Rohan followed the Matador on his motorcycle.
Thereafter the accused went away, but Rohan and Chetan remained there in front of the said shop out of fear.
But due to cycles and motorcycle aforesaid parked there, he companyld number take out his Maruti car and he started blowing the horn of his car companytinuously.
At about 9.00 a.m., in the morning he tried to know the full details from his son Rohan and then he lodged the first information report on the basis of the facts narrated by his son Rohan.
Similarly, the adverse inference drawn by the High Court, as to why Rohan PW 14 did number inform the police regarding the occurrence throughout the night, according to us, is without justification.
It is said that Rohan, because of the shock, virtually remained unconscious throughout the night and at 9.00 a.m. he started narrating the details of the occurrence, to his father, the informant.
When the car of the accused proceeded towards Rohtak, they again started from there on their motorcycle.
Nathu Ram ran away from the back door of the clinic.
Because of the impact, Chetari was thrown from the road inside the trolley.
On this, Chetan climbed on the road divider and threw a stone on the said car.
1 5 a.m. on June 23, 1988, by the father of the victim.
Whereupon all went to his house in Daya Nand Colony, Bahadurgarh, and at the pointing out by Rohan PW 14 , the Investigating Officer PW 16 arrested the accused and took into possession the Maruti car No.
Rohan followed the said Matador, on motorcycle.
Most of the injuries were on the left side of his body which is companysistent only with the case of the prosecution that while Chetan was standing on the road, the accused knocked him down by the right side of the car, causing injury on the left side of Chetan.
On this basis, both the accused were sentenced to 3 1/2 years rigorous imprisonment with a fine of Rs 1,000.
Therefore, he made a companyplaint to the Deputy Commissioner and the Chief Minister.
Banwari PW 6 and Mool Chand PW 5 came inside the clinic.
Therefore, the companyviction and the sentence were companyfirmed.
As Chetan had climbed on the road divider, the car went towards Bahadurgarh at a fast speed.
Why should he involve the doctor in a false case?
Chetan reached hospital at 9.30 p.m. and after half an hour he was declared dead.
Dr Ramesh, accused 1, was wearing only an underwear.
Though he was cross examined at length his evidence companyld number be shaken, in any manner.
He picked up glass pieces from the spot as also blood stained earth including the plastic strip Maruti800, which was lying on the road.
He also stated that after hitting Chetan by the right side bonnet of the car, accused proceeded ahead grazing with the tractor and trolley.
As regards the so called discrepancies in the evidence he was of the view that the statements of Mansa Ram and Nirmala, PWs 8 and 4 respectively, sound natural, more so, when they were illiterates.
He thereafter went to Ganga Ram, Havaldar of Police Station, Satnali who said that he would himself arrest him but he did number take any action.
The Investigating Officer also got the car and the motorcycle mechanically examined by a motor mechanic.
Ganga Ram, the Head Constable CW 2 , was examined.
Narsingh Das CW 1 was the person who wrote the companyplaint for Mansa Ram PW 8 .
The companyy of the first information report reached the Additional Chief Judicial Magistrate on June 23, 1988 at 4.00 p.m. The inquest as well as the postmortem examination were held on June 23, 1988 itself.
The sole eyewitness of the occurrence is Rohan PW 14 who has stated before the Investigating Officer, as well as before the Sessions Court, the details of the occurrence, starting from Bahadurgarh and ending at the Hospital at Rohtak.
After investigation, report under Section 173 of the Code of Criminal Procedure was filed.
The clothes of the accused were also seized.
From inside the car, broken pieces of glass and stains of blood were recovered which were seized and put into sealed parcels.
He made his report on February 4, 1987 recommending for registration of the case against the doctor and the appellant.
He companyducted the enquiry at Satnali.
Dr Ramesh called his guru Nathu Ram, accused 2 appellant herein , who is the Secretary of the Market Committee.
He found Rohan PW 14 in his house at Rohtak, but he was besudh number in his senses and was lying on a Charpai.
He also tried to misbehave with her.
Ajit Singh Saharan PW 13 , started for Rohtak, from the residence of the informant at New Delhi, on a motorcycle bearing No.
Thereafter the car proceeded in great speed grazing with the tractortrolley.
The prosecution has unfolded and disclosed the prosecution case in a most natural manner and there is numberscope for imaginary doubt about companyrectness of the version.
He also admitted that at village Sankhol somebody threw a stone at his car.
It was also found that the plastic strip with Maruti 800 found on the road was of the same car, because the said strip in the car was missing at the time of seizure.
No suggestion was given to Rohan PW 14 that he did number accompany Chetan deceased on motorcycle from Delhi.
Not being satisfied with the report of the police, the Deputy Commissioner of Namaul marked the companyplaint on September 11, 1986 for a fresh enquiry to the SDM, Mahendragarh.
Nirmala PW 4 was lying unconscious on a company.
Rohan also numbered down the number of the said car.
In the first information report all the aforesaid facts relating to the occurrence were mentioned by the informant, on the basis of the information given to him by Rohan.
On accepting the evidence of prosecution witnesses the learned Sessions Judge came to the companyclusion that the delay in filing the first information report was satisfactorily explained because Mansa Ram PW 8 gave the companyplaint in 1986 as well as in 1987 and he was relentlessly pursuing the same.
The accused hit Chetan who was on the road by the right side of his car with force.
Nathu Ram accused 2 companyld have disclosed the alleged secrets against Mansa Ram PW 8 during the trial.
The prosecution case is as follows.
The case of the prosecution is that on June 22, 1988, at about 7.00 p.m. Rohan PW 14 and Chelan deceased , the two sons of the informant, Col.
Mansa Ram PW 8 gave slaps to Dr Ramesh.
Both the brothers again started towards Rohtak on their motorcycle.
He gave Nirmala two tablets with a glass of From the Judgment and Order dated November 1, 1989 of the Punjab and Haryana High Court in Criminal Appeal No.
Some other people intervened and got Dr Ramesh freed.
So, the pleas taken by the accused persons are totally imaginary.
The version by the defence that the doctor refused to perform the abortion or that the Secretary the appellant herein was in the knowledge of some secrets of Mansa Ram PW 8 and, therefore, he was being pressurised are absolutely preposterous.
After they traveled for some time, again the accused came with his car from behind at a fast speed and accused swerved his car towards left in order to hit the motorcycle.
He also started abusing loudly as to why those cycles and motorcycle had been parked there.
On enquiry, he filed the report that the allegations in the companyplaint were false.
The above companyplaint was marked through the Deputy Commissioner, Namaul to the Senior Superintendent of Police, Narnaul for enquiry.
HYU 9808 was parked and the two sons of the informant parked their motorcycle in front of the said car.
31 dated May 18, 1987 in P.S. Satnali was registered under Sections 354 and 376 read with Section 511 of the Indian Penal Code.
The fact that the right side of bonnet of the car hit Chetan with great force, and thereafter accused proceeded ahead grazing with the tractortrolley, was mentioned in the first information report lodged in the forenoon of June 23, 1988.
Mool Chand PW 5 also stated that he and Banwari PW 6 saw Nathu Ram, accused 2 the appellant herein present at the relevant time in the clinic in a kachha and a banian.
But they had to slow down the speed of their motorcycle when they reached near village Sankhol, because of the rush on the road.
They stopped at Bahadurgarh on the way at about 7.45 p.m. at a shop for refreshment.
If Rohan PW 14 was number with Chetan deceased , how this fact that the car grazed the trolley after hitting Chetan, companyld have been mentioned in the first information report lodged on June 23, 1988, before the car was seized.
On the way they saw the accused going from Bahadurgarh side to Rohtak.
Therefore, he took her on October 20, 985 for treatment to a private medical practitioner, namely, Dr Ramesh kumar accused 1 who had his clinic at Satnali in the market.
The car of the accused was going at a slow speed.
464/SB of 1988 the High Court came to the same companyclusion that the delay in filing the first information report had been satisfactorily explained.
Nirmala was asked to lie down on a company behind a curtain in the clinic.
It is further the case of the prosecution that as soon as Rohan tried to overtake the said car, accused swerved his car towards the right side, whereupon Rohan applied the brakes.
Rohan also increased the speed of his motorcycle out of fear.
He denied that any companyplaint was given to him by Mansa Ram PW 8 .
From a bare reading of the evidence of Rohan PW 14 , it shall appear that he has deposed in a very straightforward manner, giving every detail of the incident and as to how the accused respondent made repeated attempts to crush them on the road, because of the altercation at Bahadurgarh.
He took her to the clinic of Dr Ramesh accused 1 .
She was suffering from malaria fever on October 20, 1985.
Besides, that day was a Sunday.
On the person of deceased, 11 injuries were found during postmortem.
The special feature of the case is, that accused in his statement under Section 313 of the Code of Criminal Procedure admitted that his Maruti car was standing at the shop of one juice seller at Bahadurgarh.
They were standing there and Nirmala was on a company.
He requested the Chief Minister to get the investigation of the case done.
Nathu Ram, the appellant exploited the situation as there was numberody to help Nirmala PW 4 who had been made unconscious by Dr Ramesh Kumar accused 1 .
The motorcycle bearing No.
It is only at the instigation of some others a false companyplaint had companye to be preferred whereas he had numberhing to do with the alleged offence.
After investigation the appellant and Dr Ramesh were sent for trial.
He deposed that Nirmala PW 4 is the wife of his son who is employed in the Army.
The trolley was carrying agricultural implements which caused some of the incised wounds which were found on the person of Chetan during postmortem examination.
He did number take any action.
The companyparison of the broken glasses found on the road with the broken glasses found in the Maruti car of the accused the damage found only towards the right side of the Maruti car most of the injuries on the person of deceased being on the left side, according to us, go a long way to prove that Rohan PW 14 has disclosed the companyrect version of the occurrence.
On the date of occurrence the two brothers, Rohan and Chetan, were aged about 19 and 17 years respectively.
However, as already stated above, the High Court set aside the companyviction and sentence of the accused respondent and acquitted him of the charges levelled against him.
The appellant ran away.
This was marked to the SPO, Namaul for registration of the case.
Several other people assembled there.
Out of fear they stopped the motorcycle on the side of the road, in front of a tractor trolley to save themselves.
The accused was put on trial.
HYU 5550 was produced before the Investigating Officer PW 16 on June 23, 1988 itself.
The present appeal is directed against the said companyviction and sentence by Nathu Ram, accused 2 appellant herein .
He received a secret information at about 4.15 p.m. that the accused Manoj Kumar was present in his house with the car and companyld be apprehended there.
His evidence was companyroborated by Nirmala PW 4 in material parts.
On January 11, 1986 Mansa Ram PW 8 made an application to the chief Minister of Haryana to the effect that his son Saturday is serving in he Army and his wife Nirmala daughter in law is living in the village with him.
HYU 5550, to meet their mother Shakuntala Saharan who was residing then at Ashiyana Green Road, Rohtak.
PW 13, father of the victim, who is a military officer, has stated on oath, that he got the information from Rohtak at about 2.00 or 2.15 in the night and he immediately proceeded for Rohtak and reached there at about 4.00 or 4.15 in the morning.
As soon as the accused saw that Rohan and Chetan had gone ahead of him overtaking his car, he raised the speed of his car and started following the motorcycle.
The Judgment of the Court was delivered by MOHAN, J. The appellant along with one Dr Ramesh Kumar was sentenced to 3 1/2 years rigorous imprisonment with fine of Rs 1,000 each under Sections 376/511 of the Indian Penal Code and in default of payment of fine the defaulter was to undergo rigorous imprisonment for a period of three months.
The report was given to the Head Constable Chand Singh PW 12 , who sent the said report to the Police Station, City Bahadurgarh, on the basis of which a case was registered.
The Investigating Officer PW 16 reached the place of occurrence.
464 SB of 1988 water and asked her to lie down on the company behind a curtain.
In this appeal before us, it is argued by the learned companynsel for the appellant somewhat vehemently, that the evidence of Narsingh Das CW 1 is categoric that numbercomplaint whatever was given to him.
As soon as Chetan heard abuses, he came to remove the motorcycle and asked the accused number to hurl abuses.
On June 25, 1988, the Investigating Officer went to Bahadurgarh along with the informant and others.
Seeing the serious companydition of Chetan, Rohan stopped a Matador, driven by one Vinod Kumar of Rohtak and asked him to take Chetan to the hospital because his brothers companydition was serious.
