NDLI: Raj Pal Vs. State of Haryana

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s. 302/134 - Murder Penal Code 1860
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860: s. 302/34 - Murder - Conviction and sentence of life imprisonment awarded by trial court - Affirmed by High Court - Held: The fatal injuries sustained by deceased could not have been self-inflicted - Once the death was found to be homicidal, the evidence of eye-witnesses becomes relevant and the same being consistent in narrating the manner in which the deceased was attacked by accused and co accused, with specific reference made to weapons used and further supported by the medical evidence, there is no infirmity in the verdict of courts below - Evidence - FIR. Evidence: Testimony of related witnesses - Murder committed in a farm house - Brother and sister of deceased witnessed the incident - Held: When the deceased was in one part of the house, while the witnesses and other blood relatives were in some other portion, there would not have been any difficulty for them in rushing to the deceased, who was making a frantic call for help on being attacked by accused with dangerous weapons - Their version was cogent, natural and convincing and there was no good ground to reject their version on the sole ground that they were interested witnesses. FIR: Delay in registration of FIR - Murder committed late in the night - Victim brought to hospital injured and unconscious - Held: Trial court has held that there was in fact, no delay in carrying out various formalities with regard. to the receipt of 'ruka', holding of inquest, recording the statement of the witnesses, registration of FIR and forwarding special report to the magistrate and concluded that the same was carried out within a reasonable time - Further, keeping in view the distance of hospital and Police Station from the place of occurrence, no exception can be taken with regard to the alleged delay in registration of complaint, in order to hold any infirmity in the case of the prosecution - Delay/Laches. The appellant and the co-accused were prosecuted for murder of the brother of the complainant (PW6). The prosecution case was that there was a dispute between the appellant and the deceased over a ridge. On the date of occurrence there was an exchange of hot words between the two in this regard. In the late night, PW 6, his sisters and mother heard cries of the deceased from the · adjoining "Kotha". When they rushed there, they saw that the appellant and the co-accused were pouncing upon the deceased with a "Pharsa" and a "Kulhari". Soon thereafter, the assailants ran away. The injured was taken to the hospital, where he succumbed to his injuries. The trial court convicted the appellant and the co-accused and sentenced them to imprisonment for life and the same was affirmed by the High Court. The appeal of the co-accused had been dismissed.
Judge	N/A
Neutral Citation	2013 INSC 11
Petitioner	Raj Pal
Respondent	State Of Haryana
SCR	[2013] 1 S.C.R. 168
Judgement Date	2013-01-07
Case Number	517

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