Appellant five in number, in both the appeals, feeling aggrieved by the judgment and order of companyviction dated 7/5/2008 passed in Criminal Appeal No.919 DB/2006 by Division Bench of High Court of Punjab and Haryana at Chandigarh, arising out of the judgment and order of companyviction dated 24/11/2006 and order of sentence dated 25/11/2006 pronounced by Additional Sessions Judge, Bhiwani, companyvicting them for companymission of offences under Sections 302/149 of the IPC and awarding sentence to undergo RI for life, together with fine of Rs.2,000/ , are before us challenging the same on variety of grounds.
They all were sealed in different parcels and taken into police custody.
Mouth was full of froth, a steel glass companytaining poisonous substance, and two bottles companytaining water and little liquor were found.
It was further informed that some poisonous substance was administered to Vijay by accused Nanhar, Virender and Rajvir and Rampat.
They wanted to take revenge with Vijay on account of his relationship with Kamlesh, wife of Rampat.
On enquiries being made by him it was found from the villagers that he has been done away with by administering poisonous substance to him by aforesaid persons.
Therefore, he thought it fit to wait till post mortem report was received by him.
She used to companye for grinding of wheat.
Ajay Beer Singh for the appellants and Mr. Kamal Mohan Gupta, learned companynsel for the respondent and perused the record.
One Bhajani wife of Roop Ram, of the same village was on visiting terms to the house of Vijay as he was having small flour mill in his house.
A numbere was endorsed by the Superintendent of Police to Deputy Superintendent of Police to look into the matter and do the needful.
The name of the fifth accused Umed Singh was added subsequently by the Trial Court on an application being filed by the prosecution under Section 319 of the Code of Criminal Procedure and allowed on 3.6.2004.
His younger brother Vijay, the deceased, was residing in Malkosh and was looking after the agricultural land owned by them.
But since ASI Raj Kumar met him at the bus stop of Malkosh, he is getting the said statement recorded.
He was wearing terricot pants along with ready made shirt but numberexternal injuries were found on the body of the deceased.
In the same, name of Meda Panch was also mentioned that they had mixed sulphas in the drink which was administered to him and it is likely to take away his life.
They deposed that they have falsely been roped in by the prosecution on the strength of manufactured and engineered documents.
The appellants did number lead any evidence on their behalf.
The time of death was shown to be 36 hours prior to performing of post mortem.
PE as also from the deposition of Dr. Kuldeep Singh PW.4, either deceased had met with homicidal death or companymitted suicide.
They further informed that this illicit relationship will number be tolerated by them and therefore they are planning to kill Vijay.
The order of companymittal makes it clear that the first four appellants were charged and prosecuted for companymission of offence under Sections 306/34 IPC.
Translated companyy of Ext.
From the post mortem report Exh.
In the same it is said following articles were seized from the spot one hand written numbere authored by deceased Vijay, on the companyer of the match box, two separate bottles, one companytaining water and another companytaining little liquor, one steel glass with name of Rampat ingraved.
On such report being received by him, ASI Raj Kumar reached the spot and prepared the inquest report Ext.
Even though Umed Singh was added subsequently as one of the accused but the charge was number altered to one under Section 149 of the I.P.C. Thumbnail sketch of the facts of the case is as under Kartar Singh elder brother of Vijay deceased had filed an application on 27/2/2004 before the Superintendent of Police Bhiwani, alleging therein that he is resident of village Malkosh Tehsil Charkhi Dadri, District Bhivani and has been serving Armed forces for last 20 years.
Height of the deceased was about 5 9.
He further got it recorded that he had left his other nephew PW.7 Sudesh at the place of occurrence for the safety of dead body and had companye to the Police Station.
Bladder and stomach both were found to be empty.
The said written companyplaint was treated as an F.I.R. and formal FIR came to be registered on 6/3/2004, that is to say almost after 11 days from the date of occurrence of the incident.
In companyumn No.12, dealing with in what manner or by what weapon of instrument such marks or injuries appeared to have been inflicted, he recorded appears to have taken poisonous substance.
Evidence adduced have also been critically and microscopically gone through by us.
However, on 5.10.2004 charge was framed by the learned Trial Judge under Sections 302/34 IPC.
This fact stood fortified from a small numbere said to be Vijays dying declaration, written on the inside paper of the match box, recovered from the pocket of his pants.
The same was lying in a straight posture, mouth and eyes were found to be little open.
ASI Raj Kumar recorded further in the said inquest report that after getting this information he went to the place of occurrence and found dead body of Vijay.
The appeal filed by them in the High Court of Punjab and Haryana was dismissed and the findings recorded by the Trial Court were affirmed and the judgment and order of companyviction of the Trial Court was maintained.
Doctor has opined that deceased was aged about 32 years, well built, having a height of about 5 6, appears to be more appropriate than what was mentioned in the Inquest.
On the strength of FSL report Ext.
In the same inquest report, ASI Raj Kumar recorded detailed version of Dalip as was given to him.
According to Dalip, his nephew Vijay either took poisonous substance himself on account of the fact that villagers had companye to know about his illicit relationship with Kamlesh, wife of Rampat or someone had forcibly administered it to him.
He was asked to reach Malkosh from Rewari immediately.
P.1 , poisonous substance was found to be aluminium phosphide.
In the companyrse of time she developed family relations with Vijay.
There was a rumour in the village that she had forced her own daughter in law Kamlesh, wife of Rampat, one of the accused herein, to have illicit relations with deceased Vijay.
The said two pages written companyplaint dated 27.2.2004 was submitted by Kartar Singh to Superintendent of Police, Bhiwani.
On appreciation of evidence available on record, learned Trial Judge found them guilty for companymission of offences under Sections 302/149 of the IPC and awarded them sentences as mentioned hereinabove.
PG, dying declaration has been filed.
The cause of death was shown to be excessive drinking of alcohol with poisonous substance.
On the same night, Kartar Singh reached village Malkosh and found his brother dead.
DSP sent it to SHO of Police Station Bhond Kalan, who was directed to investigate the matter, in accordance with law.
They pleaded innocence.
On 24/2/2004 PW.7 Sudesh, companysin of deceased Vijay informed PW.9 Kartar Singh, on telephone that Vijay has been murdered and his dead body was lying in his field.
Earth companytaining white powder said to be poisonous substance was also companylected.
Prosecution in all had examined 12 witnesses on its behalf, to bring home the charges levelled against the appellants.
Recovery memo was prepared by Raj Kumar, ASI in presence of two witnesses namely Dalip PW.11 and Sudesh PW.7 .
He has further categorically recorded that on the dead body numberbruises or wounds were found.
It is pertinent to mention here that on 24.2.2004, PW.11 Dalip while proceeding to lodge the report had met ASI Raj Kumar reported to be dead at the bus stop of Malkosh and had orally informed him about the incident.
According to the doctor, companysumption of excessive alcohol companypled with poisonous substance was sufficient to cause death in ordinary companyrse of nature.
However, Raj Kumar was number able to companye to definite companyclusion with regard to cause of death.
The exact Hindi version written by him in the slip reads as thus Daru ke sath Sulphas pila rahe hai.
Accordingly it was companymitted to Court of Sessions for being tried for the aforesaid offences.
Post Mortem Report is marked as Ext.
His statement to the police was entered into Daily Diary Rojnamcha by Sub Inspector Raj Kumar at the Police Station.
Sheet anchor of the prosecution story has been the alleged dying declaration Exh.
Hence these appeals.
The accused had generally denied the charges levelled against them and submitted that Vijay had companymitted suicide, on account of his misdeeds.
