mirchpur killings case judgement

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IN THE COURT OF Dr. KAMINI LAU: ADDL. SEESIONS JUDGE-II (NORTH-WEST)/ SPL. JUDGE (SC/ST CASES): ROHINI COURTS: DELHI Session Case No. 1238/10 Unique Case ID No. 02404R0326422010 State Versus 1. Dharambir S/o Sh. Tara Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) 2. Pawan S/o Sh. Ram Mahar R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) 3. Karambir S/o Sh. Tara Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) 4. Joginder @ Jogar Sh. Bhim Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) 5. Dalbir Sh. Dalip Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 1

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IN THE COURT OF Dr. KAMINI LAU: ADDL. SEESIONS JUDGE-II (NORTH-WEST)/ SPL. JUDGE (SC/ST CASES): ROHINI COURTS: DELHI Session Case No. 1238/10 Unique Case ID No. 02404R0326422010 State Versus 1. Dharambir S/o Sh. Tara Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) 2. Pawan S/o Sh. Ram Mahar R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Karambir S/o Sh. Tara Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Joginder @ Jogar Sh. Bhim Singh R/o Village Mirch P

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IN THE COURT OF Dr. KAMINI LAU: ADDL. SEESIONS JUDGE-II (NORTH-WEST)/ SPL. JUDGE (SC/ST CASES): ROHINI COURTS: DELHI Session Case No. 1238/10 Unique Case ID No. 02404R0326422010 State Versus 1. Dharambir S/o Sh. Tara Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) 2. Pawan S/o Sh. Ram Mahar R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Karambir S/o Sh. Tara Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Joginder @ Jogar Sh. Bhim Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Dalbir Sh. Dalip Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 1

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St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

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Balwan Sh. Inder Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Satyawan S/o Sh. Tara Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Jaibir S/o Sh. Manphool R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Ajit S/o Sh. Sukhbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Balwan S/o Sh. Dharmabir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Rajbir @ Nanha S/o Sh. Mai Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 2

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Viren S/o Sh. Yashpal R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Dharambir @ Illa S/o Sh. Mai Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Deepak @ Sonu S/o Sh. Krishan @ Pappu R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Kuldeep @ Midda S/o Sh. Balbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Rajinder S/o Sh. Balu R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Jagdish @ Hathi S/o Sh. Baru Ram R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 3

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Suresh Kumar S/o Sh. Balbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Rajinder Kr. S/o Sh. Sadhu Ram R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Ramphal S/o Sh. Prithvi R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Daya Singh S/o Sh. Jeet Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Pardeep S/o Sh. Balwan R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Rishi S/o Sh. Satbir R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)Page No. 4

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Jasbir S/o Sh. Ishwar R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Karampal S/o Sh. Satbir R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Sunil @ Sonu S/o Sh. Jasbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sumit S/o Sh. Satyawan R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Pardeep S/o Sh. Ramphal R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Roshan Lal S/o Sh. Ram Swarup R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 5

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Surender S/o Sh. Jagda R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Hoshiar Singh S/o Sh. Mangal @ Manga R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Ajit S/o Sh. Dalip R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Rajinder S/o Sh. Dhup Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Rajinder S/o Sh. Pali R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Vijender S/o Sh. Hoshiar Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 6

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Dinesh S/o Sh. Prem R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Vinod S/o Sh. Ram Niwas R/o Vill Nidhana, Tehsil Meham, Distt Rohtak, Haryana (Acquitted) Kulvinder S/o Sh. Ram Mahar R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Monu S/o Sh. Suresh R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Amit S/o Sh. Satyawan R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sunil S/o Sh. Daya Nand R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)Page No. 7

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Baljeet S/o Sh. Inder R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Rajesh S/o Sh. Dupa R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Ramesh S/o Sh. Karan Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Ameer S/o Sh. Tara R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Anil S/o Sh. Prem Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Balwan S/o Sh. Jeela R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 8

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Charan S/o Sh. Sadhu Ram R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Anup S/o Sh. Dharma R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Dalbir S/o Sh. Tara R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Krishan Kr. @ Dhaula S/o Sh. Satyawan R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Jogal @ Doger S/o Sh. Hawa Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Jitender S/o Sh. Satbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 9

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Jora Singh S/o Sh. Balwan R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Rakesh @ Kala S/o Sh. Satyawan R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Krishan S/o Sh. Karan Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Kuldeep S/o Sh. Om Prakash R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Jasbir @ Lillu S/o Sh. Raja R/o Village Mirch Pur, Distt Hissar, Haryana (Absconder) Manbir S/o Sh. Jile Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 10

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Nasib S/o Sh. Prem Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Rakesh @ Nikle S/o Sh. Amarlal @ Lala Ram R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Pappu S/o Sh. Pyara R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Pradeep S/o Sh. Jagbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Pradeep S/o Sh. Jaibir R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Pradeep S/o Sh. Suresh R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)Page No. 11

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Pradeep S/o Sh. Satbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Praveen S/o Sh. Jagdev R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Pawan S/o Sh. Hoshiar Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Pawan S/o Sh. Rajbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sandeep S/o Sh. Mahinder Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sandeep S/o Sh. Raj Kumar R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 12

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Sandeep S/o Sh. Ram Swarup R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sandeep S/o Sh. Rattan Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sandeep S/o Sh. Joginder R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sandeep @ Langra S/o Sh. Chander R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sanjay @ Sanjeep S/o Sh. Amar Lal R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sanjay Handa S/o Sh. Daya Nand R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 13

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Satta Singh S/o Sh. Karan Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sattu Singh S/o Sh. Randhir Master R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Satyawan S/o Sh. Rajinder R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Shamsher S/o Sh. Rajinder R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sheela @ Sunil S/o Sh. Bira R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Sonu @ Monu S/o Sh. Ramesh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 14

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Mandeep @ Sonu S/o Sh.Dalbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Naveen @ Tina S/o Sh. Rajbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Vedpal @ Bedoo S/o Sh. Karan Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Vikash S/o Sh. Sunehra @ Sumer Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Vipin S/o Sh. Joginder Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Jokhar @ Joginder S/o Sh. Inder Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 15

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Rajpal S/o Sh. Sheo Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Jaibir S/o Sh. Balbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Ramesh @ Mahesh S/o Sh. Dalip Singh R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Rupesh S/o Sh. Tek Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Bobal @ Langra S/o Sh. Tek Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted) Jagdish @ Jangla S/o Sh. Lahna @ Lakshman R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)Page No. 16

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Pawan @ Tinku S/o Sh. Sewa Ram R/o Village Petwar, Distt Hissar, Haryana (Acquitted) Vinod S/o Sh. Jagdeep R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted) Ved Pal S/o Dayanand R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

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FIR No.: Police Station: Under Sections:

166/10 Narnaund (Haryana) 120-B, 302, 307, 147, 149, 148, 323, 324, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code and under Sections 3 (1) (x), (xv), 3 (2) (iii), (iv) (v) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Date on which the case was transferred to this Court: Date on which orders were reserved: Date on which judgment pronounced:

18.12.2010 2.8.2011/ 17.9.2011 24.9.2011

Thomas Jefferson wrote the memorable words All men are created equal, that they are endowed by their creator by certainSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 17

inalienable rights, that among these are life, liberty, and the pursuit of happiness" (American Declaration of Independence, 1776). A large section of Indian society still regard a section of their own countrymen as inferior and in the words of Justice Markandey Katju this mental attitude is simply unacceptable in the modern age, and it is one of the main causes holding up the country's progress. It is unfortunate that the centuries old Indian Caste system still takes its toll from time to time. This case unfolds the worst kind of atrocities committed by the so-called upper caste (Jat's hereinafter to be referred as 'J') against the so-called lower caste (Balmiki's hereinafter to be referred as 'B') in civilized country. It is absolutely imperative to abolish the caste system as expeditiously as possible for the smooth functioning of Rule of Law and Democracy in our country.

JUDGMENT:Brief facts:This case was received on transfer vide the orders of Hon'ble Supreme Court dated 8.12.2010 with the directions that this court shall be free to conduct the trial afresh. As many as one hundred and three number of accused have been charge sheeted out of which five accused are juveniles facing trial in Juvenile Justice Board Hissar, whereas ninety eight are facing trial before this court of whom one accused namely Jasbir Singh has escaped/ absconded from custody during trial whose trail has been separated and the proceedings for declaring him a proclaimed offender are underway.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

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Prosecution case:The case of the prosecution is that on 19.04.2010 at about 88.30 PM some of the boys belonging to the 'J' community namely Rajender S/o Pale, Sonu S/o Pappu, Monu S/o Suresh, Rishi S/o Satbir alongwith 10 15 other boys were passing through 'B' Basti in an inebriated state and on seeing them, the she-dog of the complainant Karan Singh barked at them. The accused persons took an offence to the barking of the dog and started throwing stones at it which entered into the house of Karan Singh ('B') and was objected to by his nephew Yogesh. The complainant Karan Singh then intervened in the matter and attempted to settle the same after which the group of these boys then moved away from there. After some time Ajeet (belonging to 'J' community) a resident of the same village who is residing near the 'B' Basti at Village Mirchpur approached the complainant Karan Singh and advised him to apologise or else they would have to face more problems by saying zyada nuksaan ho jayega. The complainant along with his neighbour Veer Bhan went towards the house of Rajendra S/o Pali where all the boys belonging to the dominant 'J' community had gathered to settle the matter but instead the complainant and Virbhan were beaten up by the accused as a result of which they received injuries. The injuries on Virbhan were more serious. Initially both Karan Singh and Virbhan were rushed to the hospital in Hansi, but since Virbhan had serious injuries, Karan Singh took Virbhan to the District Hospital in Hissar where he was admitted for a day. On 20.04.2010 the complainant Karan Singh in apprehension of the tension in the village escalating into further violence, got Virbhan discharged from the hospital and on the way back to the village stopped at the police station Narnaund and informed theSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 19

SHO concerned about the incidents of 19th (19.4.2010) and also apprised him of the tension that was prevailing in the village but the SHO (accused Vinod S/o Ram Niwas) did not pay much heed to the pleas of the complainant and sent five to six Constables to handle the matter which was despite the clear information from the complainant that the situation in the village was turning volatile and there was a lot of tension on account of the instance of violence at the behest of the persons belonging to the 'J' community. The Constables sent by the SHO attempted to settle the tension, but to no avail and in the morning of 21.04.2010, there was tension at the 'B' Basti due to which reason the SHO Narnaund and the dominant community called a meeting of the 'J' community in the 'J' Chaupal and then called a meeting of the members of 'B' community in the 'B' Chaupal. As per the allegations the men of the 'B' community gathered in the 'B' Chaupal and most persons like women, children and old persons stepped out to see what was going on, when the accused before this court in furtherance of their common intention and in pursuance of the common design duly armed with kerosene, petrol in bottles along with lathis, jellies and stones surrounded the 'B' Basti and gave out cries for attacking the 'B' Basti shouting in saale chooron ke gharon ko jhala do, inki bacchon ko gharon main hi zinda jhala do, inke ghar tod do aur inka gaon se khatma kar do. This according to the prosecution was done with the backing and under the protection of the SHO (accused Vinod S/o Ram Niwas). On account of the aforesaid one Tara Chand and his daughter Suman (who was handicapped) were badly burnt. While Suman died at the house itself, Tara Chand in order to save his life hadSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 20

rushed to the house of his neighbour Diwan Singh while his house was set on fire and managed to save himself at that time but having sustained severe burn injuries was taken to Civil Hospital, Hissar in Government Gypsy by his son Amar Lal and Nephew Ashok in a burnt condition where the police recorded his statement (Dying Declaration) and also got a statement (Dying Declaration) recorded from the Judicial Magistrate First Class and he later succumbed to his injuries on the same day. In the village as many as 51 persons all belonging to dalit community received injuries, 18 properties belonging to dalits were burnt and there was large scale rioting and looting of properties of dalits. After investigations, the charge sheet was filed in the present case wherein provisions of Sections 120-B, 302, 307, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code and under Sections 3 (1) (x), (xv) , 3 (2) (iii), (iv) (v) of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989, have been invoked against these accused.

Sequence of events:19.4.2011 Rajender S/o Pale, Sonu S/o Pappu, Monu S/o Suresh, Rishi S/o Satbir alongwith ten to fifteen other boys allegedly passing in front of the house of Karan Singh (belonging to 'B' community) situated in the main gali at about 9-9:30 PM in an intoxicated state when the she-dog belonging to Jai Parkash, the brother of Karan Singh started barking at them. On this the boys belonging to 'J' community got irritated and threw a dalla when a portion of the dalla hit the dog and a portion entered the house of Karan SinghSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 21

on which Yogesh son of Jai Parkash and nephew of Karan Singh came out and there was an altercation between Rajender S/o Pale and Yogesh and followed by hatha pai (physical altercation) when other persons came and separated them. After some time Ajeet came and told Karan Singh that he had been called at the house of Rajender S/o Pale towards the houses of the 'J' community as there was a 'J' Panchayat on the incident stating that they would get the matters amicably resolved. However, when Karan Singh and Veer Bhan went there, they were beaten by the persons from 'J' community and they sustained injuries. 20.4.2010: (1) A complaint was made by Karan Singh and Veer Bhan to the SHO Police Station Narnaund regarding incident dated 19.4.2011. (2) Rajender S/o Pale who was running a milk dairy could not supply milk to many residents of the village particularly in the 'B' Basti. 21.4.2010: 22.4.2010: Incident in question took place DSP Sh. Abhay Singh arrested the accused Dharambir S/o Tara Chand, Pawan S/o Ram Mehar, Karam Bir S/o Tara Chand, Joginder @ Jogar S/o Bhim Singh, Dalbir S/o Dalip Singh, Balwan S/o Inder, Satyawan S/o Tara Chand, Jai Bir S/o Manphool, Ajeet Singh S/o Sukhbir, Balwan S/o Dharam Singh, Roshan S/o Ram Swaroop, Pradeep S/o Ram Phal, Vijender S/oSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 22

Hoshiar Singh, Hoshiar Singh S/o Mangal Singh, Ajeet S/o Dalip Singh, Rajinder S/o Dhupa, Surender Kumar S/o Jagde Ram and Rajbir S/o MaiChand. Provisions of Section 4 of SC/ST (POA) Act were added by DSP Sh. Abhay Singh on the application of Karan Singh. 23.4.2010: 27.4.2010: DSP Sh. Abhay Singh arrested the accused Dinesh S/o Prem Singh and Viren S/o Yashpal. Various politicians including Sh. Bhupender Singh Hooda, Chief Minister, Haryana visited the village Mirchpur and announced the compensation to the victims 30.4.2010: Investigations were transferred to DSP Sh. Tula Ram who arrested the accused Dharambir S/o Mai Chand and Deepak S/o Krishan. Team of doctors from Government Hospital Hissar visited village Mirchpur and conducted medical examination of the persons injured in the incident dated 21.4.2010. 1.5.2010: 02.05.2010 Inspector Vinod Kumar the then SHO Police Station Narnaund was arrested DSP Sh. Tula Ram arrested accused Naib Tehsildar Jage Ram (not sent up for trial) from the office of DSP Hansi. 14.5.2010: Accused Kuldeep, Rajender S/o Belu Ram, Jagdish S/o Baru Ram, Suresh S/o Balbir, Rajender S/o Sadhu Ram, Ramphal S/o Prithvi Singh and Daya S/o AjeetSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 23

were arrested. 15.5.2010: 16.5.2010: 17.5.2010: 19.5.2010: 21.5.2010: 11.06.2010: Accused Pradeep S/o Balwan was arrested. Accused Rishi S/o Satbir, Jasbir S/o Ishwar and Karampal S/o Satbir were arrested Accused Sunil Kumar @ Soni S/o Jaiveer and Sumit S/o Satyawan were arrested DSP Tula Ram preapred the charge sheet in respect of 28 persons and sent it to prosecution department. Accused Rajender S/o Pale was arrested. (1) (2) First charge sheet was filed by DSP Sh. Tula Judicial Magistrate-First Class, Hansi on the Ram in respect of twenty eight accused persons. request of DSP Hansi Sh. Tula Ram, discharged/ released the accused Jage Ram (Niab TehsildarHissar), Deepak S/o Ajmer, Satish S/o Ajmer, Rajesh S/o Om Prakash, Ajay S/o Sukhbir, Sukhbir S/o Manphool, Naresh S/o Prem Singh, Dinesh S/o Amar Lal, Kulwant S/o Chander Singh and Ram Meher S/o Gulab Singh on the ground that these persons have no concern with the alleged offence though their names have been mentioned by the victims and the complainants. 1.7.2010: 27.7.2010: DSP Sh. Tula Ram filed the charge sheet in respect of nine persons arrested later. DSP Tula Ram interrogated Veer Bhan S/o Man Singh, Suresh S/o Raj Kumar, Ashok S/o Maha Singh, Parveen and Amar Lal both sons of TaraSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 24

Chand and prepared the supplementary charge sheet against the accused Vinod Kajal, the then SHO Police Station Narnaund. 29.7.2010: Supplementary charge sheet against the accused Vinod Kajal the then SHO Police Station Narnaund was filed by DSP Sh. Tula Ram before the court. Accused Jogender S/o Inder, Rajpal S/o Sheo Chand and Jaiveer S/o Balbir were arrested. 01.08.2010: Accused Ramesh @ Mahesha S/o Dalip, Rupesh S/o Tek Ram and Bobal @ Langra S/o Tek Ram were arrested. 12.08.2010: 24.08.2010: 31.08.2010: 01.09.2010: 02.09.2010: 03.09.2010: Accused Jagdish S/o Lenha was arrested. Accused Pawan @ Tinku S/o Sewa Singh was arrested Accused Balwan S/o Jai Lal was arrested. Accused Pardeep S/o Suresh, Satish S/o Randhir and Pawan S/o Hoshiyar Singh were arrested. Accused Jora S/o Balwan and Ved Pal S/o Daya Nand were arrested Accused Kuldeep S/o Om Parkash, Jogal @ Jogar S/o Hawa Singh, Naseeb S/o Prem Singh, Pardeep S/o Jaiveer Singh, Pardeep S/o Satbir, Shamsher S/o Rajender, Rakesh @ Meenu S/o Ramesh, Jitender S/o Satbir, Charan Singh S/o Sadhu Ram, Parveen S/o Jagdev, Sandeep S/o Ram Swaroop, Sandeep S/o Ratan Singh, Vikas S/o Sunehra, Ved Pal S/o Karan Singh, Kala @ Rajesh S/o Satyawan, Pawan S/oSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 25

Rajbir, Sandeep S/o Raj Kumar, Monu S/o Suresh Kumar, Amit S/o Satyawan, Ramesh S/o Karan Singh and Sata S/o Karan were arrested 04.09.2010: Accused Dalbir S/o Tara Chand, Pardeep S/o Jagbir, Sanjay @ Sanjeev S/o Amar Lal, Sunil @ Shila S/o Bhira, Naveen @ Tina S/o Rajbir, Vinod S/o Jagdev, Manbir S/o Zile Singh, Pappu S/o Pyarelal, Rakesh @ Nikli S/o Amar Lal, Vipin S/o Jogender, Sandeep S/o Mahender, Sandeep S/o Jogender, Satyawan S/o Vijender, Sunil S/o Daya Nand and Radhey S/o Dhoopa were arrested. 05.09.2010: Accused Baljeet S/o Inder, Dhaula S/o Satyawan, Anoop S/o Dharma, Sandeep S/o Chander, Lilu @ Jasbir S/o Raja, Krishan S/o Karan Singh, Meer Singh S/o Tara Chand and Anil S/o Prem Singh were arrested 06.09.2010: 09.09.2010: 16.10.2010: 18.10.2010: 28.10.2010: Accused Sonu S/o Dalbir and Kulwinder S/o Ram Mehar were arrested. Accused Sanjay @ Handa S/o Daya was arrested. DSP Tula Ram prepared the charge sheet in respect of fifteen accused. DSP Sh. Tula Ram filed the charge sheet in the court in respect of fifteen accused. DSP Sh. Tula Ram handed over the investigating file to Insp. Vijay Pal SHO Narnaund who filed the charge sheet for the remaining fifty accused in the court.St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 26

8.12.2010:

The case was transferred to this court vide the orders of Hon'ble Supreme Court dated 8.12.2010 with the directions that this court shall be free to conduct the trial afresh.

26.2.2011: 11.3.2011: 18.3.2011:

This court conducted the spot inspection at village Mirchpur. Charges were framed against all the accused Trial/ prosecution evidence commenced

List of witnesses examined:Sr. No. Witness No. Name of the witness Category

Prosecution Witnesses

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.

PW 1 PW 2 PW 3 PW 4 PW 5 PW 6 PW 7 PW 8 PW 9 PW 10 PW 11 PW 12 PW 13 PW 14 PW 15

ASI Raghubir Singh EASI Manohar Lal ASI Miyan Singh Ct. Devi Lal Ct. Anil Kumar EAI Bir Bhan Yogesh Kumar Ramphal Bindu Raj Bir Smt. Madho Ram Murti Sunita Angoori Smt. Krishna

Official police witness Official police witness Official police witness Official police witness Official police witness Official police witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

Page No. 27

16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45.

PW 16 PW 17 PW 18 PW 19 PW 20 PW 21 PW 22 PW 23 PW 24 PW 25 PW 26 PW 27 PW 28 PW 29 PW 30 PW 31 PW 32 PW 33 PW 34 PW 35 PW 36 PW 37 PW 38 PW 39 PW 40 PW 41 PW 42 PW 43 PW 44 PW 45

Mrs. Ishro Shanti Smt. Chander Ms. Pooja Kela Sunita Aman Satbir Suresh Sushil Raju Ravi Sandeep Dhoop Singh Santra Abhishek Sheela Rani Raj Kumar Ashok Sanjay Meena Kumar Mahajan Sube Singh Vijender Sunita Vicky Dilbagh Sanjay Manoj

Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witnessPage No. 28

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74.

PW 46 PW 47 PW 48 PW 49 PW 50 PW 51 PW 52 PW 53 PW 54 PW 55 PW 56 PW 57 PW 58 PW 59 PW 60 PW 61 PW 62 PW 63 PW 64 PW 65 PW 66 PW 67 PW 68 DW1 DW2 DW3 DW4 DW5 DW6

Rajesh Satyawan Gulab Singh Pradeep Kamla Dr. Sandeep Dr. Puneet Kumar Dr. Sourab Arora HC Subash Chand Dr. Vishal Goel SI Manjit Singh Dr. Arun Kumar Dr. Pale Ram ASI Sadhu ram ASI Satbir Singh ASI Omprakash Dr. T. P. Sharma SI Bani Singh ASI Bhim Singh DSP Abhay Singh DSP Tula Ram Dr. Dinesh Kumar HC Ram Singh Ct. Ravinder Surender Kumar Baru Ram HC Lachman Singh Virender

Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Public witness/ eye witness Doctor Doctor Doctor Official police witness Doctor Official police witness Doctor Doctor Official police witness Official police witness Official police witness Doctor Official police witness Official police witness Official police witness Official police witness Doctor Official police witness Official police witness Official witness Official witness Official police witness Public witnessPage No. 29

Sh. Harish Goel (JMIC) Judicial Officer

Defence witnesses

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99.

DW 7 DW 8 DW 9 DW 10 DW 11 DW 12 DW13 DW 14 DW 15 DW 16 DW 17 DW 18 DW 19 DW 20 DW 21 DW 22 DW 23 DW 24 DW 25 DW 26 DW 27 DW 28 DW 29 DW 30 DW 31

Sajjna Shamsher Singh Dalser Lohan Dr. Rajesh Malik Jagdish Manoj Kumar Karan Singh Ramesh Pasha Ajmere Rajesh Suman Ram Chander Ram Niwas Dharambir Praveen Ranbir Singh Ram Mehar Jai Bhagwan Dr. Balbir Singh Punia Suresh Dalbir Singh Vikas Rajinder Ramphal Dr. Rajesh Gandhi Dr. Kuldeep Pawan Singh Om Prakash Sajjan

Public witness Public witness Public witness Doctor Public witness Public witness Public witness Public witness Public witness Public witness Public witness Nurse General Hospital Jind Public witness Public witness Public witness Public witness Public witness Public witness Public witness Doctor Accused Businessman/ Poultry farm Accused Accused Accused Doctor Doctor Nodal Officer Nodal Officer Public witness/ DriverPage No. 30

100. DW 32 101. DW 33 102. DW 34 103. DW 35 104. DW 36

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

105. DW 37 106. DW 38 107. DW 39 108. DW 40 109. DW 41 110. 111. 112.DW 42 DW 43 DW44

Ranbir Dalip Singh Dipender Singh Chander Prakash Suresh Kumar Deepak Kumar Manjeet Singh Dhillon Dr. Sunita Garg Amar Lal

Public witness Official Official Public witness Public witness/ tractor workshop Nodal Officer Nodal Officer Doctor Cited as prosecution witness

Court witness:

113. CW1

Details of the exhibits:S. No Exhibit No. Ex.P-1 Ex.P-2 Ex.P-3 PW1/1 PW2/1 PW3/1 PW3/B PW4/1 PW4/A PW4/B PW5/1 PW5/A Detail of the document/ article Remarks

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Burnt Motorcycle of Sunil S/o Brij Bhan Proved Bother-in- law Manoj Burnt Motorcycle of Pradeep Burnt Tricycle/ Handicap cycle of deceased Suman Affidavit of EASI Raghubir Singh Affidavit of EASI Manohar Lal Affidavit of ASI Miyan Singh CD of Photographs Affidavit of Ct. Devi Lal Video CD containing clippings of postmortem and also of spot Seizure memo of CD Affidavit of ASI Anil Kumar Video CD of Village of Mirch Pur Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved ProvedPage No. 31

PW3/A1-A109 Photographs

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41.

PW6/1 PW6/A PW7/PX1 PW8/PX 1 PW8/A PW10/DX1 PW25/DX1 PW11/PX1 PW12/PX1 PW13/A PW15/PX 1 PW15/A PW16//PX1 PW16/A PW17/PX1 PW18/A PW18/PX 1 PW19/PX 1 PW19/A PW20/PX1 PW20/A PW20/DX1 PW21/ PX1 PW21/A PW22/PX1 PW22/A PW23/PX1 PW23/A

Affidavit of EASI Vir Bhan Register No 19 entry no 510/671/511 (Copy) Statement of Yogesh Statement of Ramphal MLR of Ramphal Statement of Rajbir Statement of Sushil Statement of Madho Statement of Ram Murti MLR of Sunita Statement of Krishna MLR of Krishan Statement of Ishro MLR of Ishro Statement of Shanti MLR of Chanderpati Statement of Chander Pati Statement of Pooja MLR of Pooja Statement of Kela MLR of Kela Pati Copy of Election card Statement of Sunita MLR of Sunita Statement of Aman MLR of Aman Statement of Satbir MLR of Satbir

Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

Page No. 32

42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70.

PW24/A PW24/B PW25/A PW26/A PW26/PX1 PW27/A PW27/PX1 PW36/DX1 PW28/A PW28/PX1 PW29/A PW30/A PW30/DX1 PW32/A PW32/DX1 PW33/A PW33/DX1 PW34/A PW34/PX1 PW35/A PW35/PX1 PW35/PX2 PW36/A PW37/A PW37/DX1 PW38/A PW38/PX1 PW39/PX1 PW40/PX1

Statement of Suresh (Identification of Dead body) Receipt of Dead Body MLR of Sushil MLR of Raju Statement of Raju MLR of Ravi Statement of Ravi Statement of Sanjay MLR of Sandeep Statement of Sandeep MLR of Dhoop Singh MLR of Santra Statement of Santra MLR of Sheela Statement of Sheela MLR of Rani Statement of Rani MLR of Raj Kumar Statement of Raj Kumar MLR of Ashok Statement of Ashok Supplementary statement of Ashok MLR of Sanjay MLR of Meena Kumar Statement of Meena Kumar MLR of Mahajan Statement of Mahajan Statement of Sube Singh Statement of Vijender

Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved ProvedPage No. 33

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98.

PW41/A PW41/PX1 PW42/PX1 PW43/PX1 PW44/PX1 PW45/PX1 PW45/PX2 PW 46/PX1 PW47/PX1 PW48/A PW48/PX1 PW49/A PW49/B PW49/PX PW49/PX2 PW49/PX3 PW50/PX1 PW51/A PW52/A PW52/B PW52/C PW52/D PW52/D1 PW52/E PW52/ F PW53/A PW53/B PW53/C

List of Burnt articles of Sunita W/o Surta Statement of Sunita Statement of Vicky Statement of Dilbagh Statement of Sanjay Statement of Manoj Supplementary statement of Manoj Statement of Rajesh Statement of Satyawan MLR of Gulaba Ram Statement of Gulaba Ram Seizure memo of Tricycle and ashes Statement of Pradeep S/o Tara Chand Supplementary statement of Pradeep Second Supplementary Statement of Pradeep Statement of Kamla

Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved

Seizure Memo of Motorcycle and ashes Proved

Information regarding injured Gulaba to Proved SHO MLR of Tara Chand Bed Head Ticket of Tara Chand Postmortem Report of Tara Chand Postmortem Report of Suman MLR of Shanti MLR of Angoori MLR of Suman MLR of Sanjay MLR of Abishek MLR of Sanjeep Proved Proved Proved Proved Proved Proved Proved Proved Proved ProvedPage No. 34

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

99.

PW53/D

Information regarding Injured to SHO Scaled site plan of the house of Kamal Scaled site plan of the house of Tara Chand Scaled site plan of the house of Sube Singh Scaled site plan of the house of Satyawan Scaled site plan of the house of Sanjay Scaled site plan of the house of Nawab Scaled site plan of the house of Ram Niwas

Proved Proved Proved Proved Proved

100. PW54/A1 101. PW54/A2 102. PW54/A3 103. PW54/A4 104. PW54/A5 105. PW54/A6 106. PW54/A7 107. PW54/A8 108. PW54/A9 109. PW54/A10 110. 111. 112. 113. 114. 115. 116. 117. 118. 119.PW54/A11 PW54/A12 PW54/A13 PW54/A14 PW54/A15 PW54/A16 PW54/A17 PW54/A18 PW54/A19 PW54/A20

Scaled site plan of the house of Rajinder Proved Proved Proved Proved

Scaled site plan of the house of Dilbagh Proved Scaled site plan of the house of Chander Proved Scaled site plan of the house of Sanjay S/o Satpal Scaled site plan of the house of Sunita W/o Surta Scaled site plan of the house of Gulab Chowkidar Scaled site plan of the house of Rajesh Scaled site plan of the house of Jagpal Scaled site plan of the house of Dhoop Singh Scaled site plan of the house of Raja Scaled site plan of the house of Sushil Scaled site plan of the house of Bania Scaled site plan of the house of Rajmal Scaled site plan of the house of Dharamvir Scaled site plan of the house of Karambir Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved

120. PW54/A21 121. PW54/A22

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

Page No. 35

122. PW54/A23 123. PW54/A24 124. PW54/A25 125. PW54/A26 126. PW54/A27 127. PW54/A28 128. PW54/A29 129. PW54/A30 130. PW54/A31 131. PW54/A32 132. PW54/A33 133. PW54/B 134. PW55/DX1 135. PW55/A 136. PW55/B 137. PW55/C 138. PW56/A 139. PW56/B 140. PW56//C 141. PW57/A 142. PW57/B 143. PW57/C 144. PW59/A 145. PW59/B

Scaled site plan of the house of Bani Singh Scaled site plan of the house of Binder Scaled site plan of the house of Dharambir

Proved Proved Proved

Scaled site plan of the house of Parveen Proved Scaled site plan of the house of Vijender Proved Scaled site plan of the house of Jai Singh Proved Scaled site plan of the house of Jaswant Proved Scaled site plan of the house of Satayawan Scaled site plan of the house of Ajmer Scaled site plan of Kirayana shop of Pawan Scaled site plan of the house of Ram Niwas Scaled site plan of Village Mirchpur Covering Letter of statement of 164 Cr.P.C. of Tara Chand Proved Proved Proved Proved Proved Proved

Application for Recording the statement Proved of Tara Chand Statement of Tara Chand (Dying Declaration) Certificate of Statement of Judicial Magistrate 1st Class MLR of Ajmer Singh MLR of Satbir MLR of Sunita W/o Surta Seizure memo of Ashes Disclosure Statement of accused Viren MLR of Rajbir MLR of Monika Proved Proved Proved Proved Proved Proved Proved Proved ProvedPage No. 36

Disclosure statement of accused Dinesh Proved

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

146. PW59/C 147. PW59/D 148. PW59/E 149. PW59/F 150. PW59/G 151. PW59/H 152. PW59/I 153. PW59/J 154. PW59/K 155. PW59/L 156. PW59/M 157. PW59/N 158. PW59/O 159. PW59/P 160. PW59/Q 161. PW59/R 162. PW59/S 163. PW59/T 164. PW63/A 165. PW63/B 166. PW63/C 167. PW63/D 168. PW64/A 169. PW64/B 170. PW64/C 171. PW64/D

MLR of Bindu MLR of RajMal MLR of Piriya MLR of Karambir MLR of Pali MLR of Nawab MLR of Jai Parkash MLR of Karan Singh MLR of Naseeb MLR of Parveen MLR of Yogesh MLR of Poonam MLR of Jagbir MLR of Ashok MLR of Kamlesh MLR of Radha MLR of Madho MLR of Murti X-Ray Report of Raj Kumar X-Ray Report of Dhoop Singh X-Ray Report of Gulaba Ram X-Ray Report of Mahajan Information/Rukka Regarding Injured Tara Chand at time of admission in Hospital

Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved

Application to Medical Officer for Proved Permission to Record the statement of Tara Chand Statement of Tara Chand under Section 161 Cr.P.C. Information/Rukka when Tara Chand was Brought Dead Proved Proved

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

Page No. 37

172. PW64/E 173. PW64/E1 174. PW64/E2 175. PW64/E3 176. PW64/E4 177. PW64/F 178. PW64/G 179. PW64/H 180. PW64/I 181. PW64/DX1 182. PW65/A 183. PW65/A1 184. PW65/A2 185. PW65/A3 186. PW65/A4 187. PW65/B 188. PW65/C 189. PW66/A 190. PW66/B 191. PW66/C1 192. PW66/C2 193. PW66/C3

Inquest Papers of Tara Chand

Proved

Form No 25 in respect of deceased Tara Proved Chand Statement of Amar recorded by SI Bani Singh Inspection of dead body and mortuary Copy of FIR Proved Proved Proved

Application of SI Bani Singh for Proved constituting the board to conduct the Postmortem of Tara Chand Handing over receipt of the dead body Proved of Tara Chand to Amar Lal Application of SI Bani Singh to MO for Proved record the statement of other injured Disclosure statement of Rajender S/o Pale Statement of Sandeep S/o Raj Kumar Inquest Papers of deceased Suman Form No 25 in respect of deceased Suman Proved Proved Proved Proved

Statement regarding identification of Proved dead body of Suman by Amar Statement regarding identification of Proved dead body of Suman by Suresh Copy of FIR Seizure memo of Pullanda (Suman) Proved Proved

Application by SI Bani Singh to MO for Proved constituting the board to conduct the Postmortem of Suman Statement of Karan Singh/ complainant Rukka Sketch of the house of Jagpal Sketch of the house of Chander Singh Sketch of the house of Ram Niwas Proved Proved Proved Proved ProvedPage No. 38

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

194. PW66/C4 195. PW66/C5 196. PW66/C6 197. PW66/C7 198. PW66/C8 199. PW66/C9 200. PW66/C10 201. PW66/C11 202. PW66/C12 203. PW66/C13 204. PW66/C14 205. PW66/C15 206. PW66/C16 207. PW66/C17 208. PW66/C18 209. PW66/C19 210. PW66/C20 211.PW66/C21

Sketch of the house of Sanjay Sketch of the house of Satyawan Sketch of the house of Sunita Sketch of the house of Sube Singh Sketch of the house of Dilbagh Sketch of the house of Kamla Sketch of the house of Dhoop Singh Sketch of the house of Tara Chand Sketch of the house of Sushil Sketch of the house of Gulaba Sketch of the house of Sanjay Sketch of the house of Rajender Sketch of the house of Satpal Sketch of the house of Nawab Sketch of the house of Raja Sketch of the house of Karambir Sketch of the house of Rajesh Sketch of the house of Bania Sketch of the house of Satyawan Sketch of the house of Rajmal Sketch of the house of Vijender Sketch of the house of Pawan Sketch of the house of Jai Singh Sketch of the house of Jaswant Sketch of the house of Ram Niwas Sketch of the house of Karambir Sketch of the house of Binder Sketch of the house of Bani Singh Sketch of the house of Dharamvir Sketch of the house of Praveen

Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved Proved ProvedPage No. 39

212. PW66/C22 213. PW66/C23 214. PW66/C24 215. PW66/C25 216. PW66/C26 217. PW66/C27 218. PW66/C28 219. PW66/C29 220. PW66/C30 221. PW66/C31 222. PW66/C32 223. PW66/C33

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

224. PW66/D1 225. PW66/D2 226. PW66/D3 227. PW66/D4 228. PW66/D5 229. PW66/D6 230. PW66/D7 231. PW66/D8 232. PW66/D9 233. PW66/D10 234. PW66/D11 235. PW66/D12 236. PW66/D13 237. PW66/D14 238. PW66/D15 239. PW66/D16 240. PW66/D17 241. PW66/E 242. PW66/F 243. PW66/E18 244. PW66/E 19

Arrest Memo of Dharambir S/o Tara Chand Arrest Memo of Pawan S/o Ram mehar Arrest Memo of Karambir S/o Tara Chand Arrest Memo of Joginder S/o Bhim Singh Arrest Memo of Dalbir S/o Dalip Singh Arrest Memo of Balwan S/o Inder Arrest Memo of Satyawan S/o Tara Chand Arrest memo of Jaibir S/o Manphool Arrest Memo of Ajit Singh S/o Sukhbir Arrest Memo of Balwan S/o Dharam Singh Arrest Memo of Roshan S/o Ram Swaroop Arrest Memo of Vijender S/o Hosihar Singh Arrest Memo of Hoshiar Singh S/o Mangal Singh Arrest Memo of Ajit Singh S/o Dalip Singh Arrest Memo of Rajender S/o Dhoop Singh Arrest Memo of Surender Kumar S/o Jage Ram Common Disclosure statement of 22 accused Application of Karan Singh Arrest Memo of Rajbir @ Nanha S/o Mai Chand

Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted

Arrest Memo of Pradeep S/o Ram Phal Admitted Admitted Admitted Admitted Admitted Proved Proved Proved Admitted

Arrest Memo of Dinesh S/o Prem Singh Admitted

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

Page No. 40

245. PW66/E 20 246. PW66/G 247. PW66/DX1 248. PW66/CX1 249. PW67/A1 250. PW67/A2 251. PW67/A3 252. PW67/A4 253. PW67/A5 254. PW67/A6 255. PW67/A7 256. PW67/A8 257. PW67/A9 258. PW67/A10 259. PW67/A11 260. PW67/A12 261. PW67/A13 262. PW67/A14 263. PW67/A15 264. PW67/A16 265. PW67/A17 266. PW67/A18 267. PW67/A19

Arrest Memo of Viren Singh S/o Yashpal Seizure memo of MLR, statement of Virbhan and DD No 31 dated 20/4/10 Departure and joining Entry Supplementary statement of Sushil under Section 161 Cr.P.C. Arrest memo of Dhamabir S/o Mai Chand Arrest memo of Deepak S/o Krishan Kumar Arrest memo of Vinod Kumar S/o Ram Niwas Arrest memo of Kuldeep S/o Balbir Arrest memo of Jagdish S/o Baru Ram Arrest memo of Suresh S/o Balbir Arrest memo of Rajender S/o Sadhu Ram Arrest memo of Ram Phal S/o Prithvi Singh Arrest memo of Daya S/o Ajeet Arrest memo of Pradeep S/o Balwan Singh Arrest memo of Rishi S/o Satbir Arrest memo of Karampal S/o Satbir Arrest memo of Sunil Kumar S/o jaivir Arrest memo of Sumit S/o Satywawan Arrest Memo of Rajinder S/o Pali Ram Arrest memo of Joginder @ Joggar S/o Inder Singh Arrest memo of Rajpal S/o Sheo Chand

Admitted Proved Proved Proved Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted

Arrest memo of Rajender S/o Belu Ram Admitted

Arrest memo of Jasbir S/o Ishwar Singh Admitted

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

Page No. 41

268. PW67/A20 269. PW67/A21 270. PW67/A22 271. PW67/A23 272. PW67/A24 273. PW67/A25 274. PW67/A26 275. PW67/A27 276. PW67/A28 277. PW67/A29 278. PW67/A30 279. PW67/A31 280. PW67/A32 281. PW67/A33 282. PW67/A34 283. PW67/A35 284. PW67/A36 285. PW67/A37 286. PW67/A38 287. PW67/A39 288. PW67/A40 289. PW67/A41

Arrest memo of Jaibir S/o Balbir

Admitted

Arrest memo of Ramesh @ Mahesha S/o Admitted Dalip Singh Arrest memo of Rupesh S/o Tek Ram Arrest memo of Bobal @ Langra S/o Tek Ram Arrest memo of Tinku @ Pawan S/o Sewa Singh Arrest memo of Balwan S/o Jai Lal @ Jela Arrest memo of Pradeep S/o Sursh Kumar Arrest memo of Satish @ Sattu S/o Randhir Singh Arrest memo of Pawan Kumar S/o Hoshiar Singh Arrest memo of Jora Singh S/o Balwan Singh Arrest memo of Kuldeep S/o Om Prakash Arrest memo of Juggal @ Joggal S/o Hawa Singh Arrest memo of Nasib S/o Prem Singh Arrest memo of Pradeep S/o Jaivir Arrest memo of Pradeep S/o Satbir Arrest memo of Samsher S/o Rajender Arrest memo of Rakesh S/o Ramesh Arrest memo of Jitender S/o Satbir Admitted Admitted

Arrest memo of Jagdish S/o Lehna Ram Admitted Admitted Admitted Admitted Admitted Admitted Admitted

Arrest memo of Ved Pal S/o Daya Nand Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted

Arrest memo of Charan Singh S/o Sadhu Admitted Ram Arrest memo of Praveen S/o Jagdev @ Jagde Admitted

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

Page No. 42

290. PW67/A42 291. PW67/A43 292. PW67/A44 293. PW67/A45 294. PW67/A46 295. PW67/A47 296. PW67/A48 297. PW67/A49 298. PW67/A50 299. PW67/A51 300. PW67/A52 301. PW67/A53 302. PW67/A54 303. PW67/A55 304. PW67/A56 305. PW67/A57 306. PW67/A58 307. PW67/A59 308. PW67/A60 309. PW67/A61 310. PW67/A62 311.PW67/A63

Arrest memo of Sandeep S/o Ram Swaroop Arrest memo of Sandeep S/o Rattan Singh

Admitted Admitted

Arrest memo of Vikash S/o Sumer Singh Admitted @ Sunehra Arrest memo of Ved Pal S/o Karan Singh Arrest memo of Rakesh @ Kala S/o Satyawan Arrest memo of Pawan S/o Rajbir Arrest memo of Monu S/o Suresh Arrest memo of Amit S/o Satyawan Arrest memo of Ramesh S/o Karan Singh Arrest memo of Satta S/o Karan Singh Arrest memo of Dalbir S/o Tara Chand Arrest memo of Pradeep S/o Jaivir Arrest memo of Sanjay @ Sanjeep S/o Amar Arrest memo of Sunil @ Sheela S/o Bherra Arrest memo of Naveen @ Tina S/o Rajbir Arrest memo of Vinod S/o Jagdev Arrest memo of Manbir S/o Zile Singh Arrest memo of Pappu S/o Pyare Lal Arrest memo of Nakkle @ Rakesh S/o Amar Lal Arrest memo of Vipin S/o Joginder Arrest memo of Sandeep S/o Mahinder Arrest memo of Sandeep S/o Joginder Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted Admitted

Arrest memo of Sandeep S/o Raj Kumar Admitted

312. PW67/A64

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

Page No. 43

313. PW67/A65 314. PW67/A66 315. PW67/A67 316. PW67/A68 317. PW67/A69 318. PW67/A70 319. PW67/A71 320. PW67/A72 321. PW67/A73 322. PW67/A74 323. PW67/A75 324. PW67/A76 325. PW67/A77 326. PW67/A78 327. PW67/CX1 328. PW67/CX2 329. Ex PX1 330. Ex PX2 331. Ex PX 3Documents of defence:

Arrest memo of Satyawan S/o Rajinder Arrest memo of Sunil S/o Dayanand Arrest memo of Rajesh S/o Dhupa Arrest memo of Dhola @ Kirshan Kumar S/o Satyawan Arrest memo of Anoop S/o Dharam Singh Arrest memo of Sandeep S/o Chander Fauji

Admitted Admitted Admitted Admitted Admitted Admitted

Arrest memo of Baljeet S/o Inder Singh Admitted

Arrest memo of Lillu @ Jasbir S/o Raja Admitted Ram Arrest memo of Krishan S/o Karan Singh Arrest memo of Amir S/oTara Chand Arrest memo of Anil S/o Prem Singh Arrest memo of Sonu @ Mandeep S/o Dalbir Arrest memo of Kulvinder S/o Ram Mehar Arrest memo of Sanjay S/o Daya Nand Supplementary statement of Gulab Singh under Section 161 Cr.P.C. Supplementary statement of Chanderwati under Section 161 Cr.P.C. FSL Report Notification of commission of Justice Iqbal Singh (Retd) Admitted Admitted Admitted Admitted Admitted Admitted Proved Proved Admitted Admitted

Cabinet approval of Govt. Service of Admitted Amar Lal, Pradeep and Ravinder Copy of leave application of accused Vinod (the then SHO) Proved

332. DW1/A

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

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333. DW1/B 334. DW2/A 335. DW3/A 336. DW4/A 337. DW5/A 338. DW5/B 339. DW5/C 340. DW5/D 341. DW5/E 342. DW5/F 343. DW7/PX1 344. DW8/A 345. DW8/B 346. DW8/C 347. DW9/A 348. DW9/B 349. DW9/C 350. DW10/A 351. DW12/A 352. DW13/A 353. DW13/B 354. DW13/PX1 355. DW16/PX1

Sanction to prosecute the SHO accused Proved Vinod Kumar Copy of wireless record Attendance record of Pradeep S/o Tara Chand Attendance record of Amar S/o Tara Chand DD No 34 copy DD No 13 copy Copy of DD dated 19/4/2010 Copy of DD dated 20/4/2010 Copy of DD Dated 21/4/2010 Copy of DD dated 22/4/10 Statement of Sajna Attendance register copy of Rakesh S/o Satyawan Memorandum of association Copy of registration certificate Copy of Attendance of Sunil Dhanda Copy of attendance register for Sanjay Dhanda Copy of attendance register for Vinod S/o Jagdev Copy of attendance register for Manbir S/o Ziley Sjingh Copy of attendance register for Rupesh S/o Tek Ram Proved Proved Proved Proved Proved Proved Proved Proved Proved Denied Proved Proved Proved Proved Proved Proved Proved Proved

Affidavit of Karan Singh before inquiry Proved commission at Chandigarh Statement of Karan Singh before the inquiry commission Statement Karan Singh to IO Statement of Ajmer Proved Denied DeniedPage No. 45

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

356. DW20/PX1 357. DW21/PX1 358. DW22/PX1 359. DW23/A 360. DW23/PX1 361. DW24/A 362. DW25/A 363. DW26/A 364. DW26/B 365. DW26/C 366. DW26/D 367. DW26/E 368. DW26/F 369. DW26/G 370. DW27/ A 371. DW28/A 372. DW29/A 373. DW30/A 374. DW30/B 375. DW30/C 376. DW31/A 377. DW31/B

Statement of Ram Niwas Statement of Dharambir Singh Statement of Praveen Kumar Relevant Entry at Main gate (Hoshiyar Singh S/o Mangal Ram) Copy of the Entry Register of Sugar Mill, Jind

Denied Denied Denied Denied Proved

Copy of attendance register for Sandeep Denied S/o Raj Kumar Copy of Attendance register for Pradeep Proved S/o Jagbir Prescription slip of Ajeet Treatment slip of Ajeet Prescription slip of Kuldeep Treatment slip of Kuldeep Prescription slip of Viren Treatment slip of Viren Copy of OPD Register Proved Proved Proved Proved Proved Proved Proved

Medical Certificate of Suresh S/o Balbir Proved for Physical disability Receipt regarding the sale of the chicks Proved Certificate issued by the bank regarding Proved the sanction of the loan Affidavit of Sanjay S/o Gulab Singh to Commission Proved

Statement of Sanjay S/o Gulab Singh to Proved Commission Statement of Dilbagh S/o Gulab Singh to Commission Copy of the patta/Lease register for 2007 Copy of patta/lease register for 2009 Proved Proved Proved

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

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378. DW32/A 379. DW32/B 380. DW32/C 381. DW34/A 382. DW34/B 383. DW34/C 384. DW 34/D 385. DW34/E 386. DW34/F

Bed head ticket of Dinesh S/o Prem Singh

Proved

Attendance record of Suman (MPHW-F) Proved Joining certificate of Suman (MPHW-F) Proved Customer application Form of Rajender S/o Pale Copy of election identity card Rajender S/o Pale Proved Proved

Call Details in respect of mobile no. Proved 9812628500 (Rajender S/o Pale) Customer application form of Sandeep S/o Mahender Singh Copy of election identity card of Sandeep S/o Mahender Singh Proved Proved

Call details in respect of mobile no. Proved 9540151131 (Sandeep S/o Mahender Singh) Authorization letter in favour of Pawan Singh Certificate of U/s 65B Indian Evidence Act Customer application form of Vinod Kumar Copy of list of the compensation provided to the victims/families Copy of attendance register for Suman (MPHW-F) Proved Proved Proved

387. DW34/G 388. DW34/H 389. DW35/A 390. DW35/B 391. DW38/A 392. DW39/A 393. DW42/A 394. DW42/B

Call detail record accused Vinod Kumar Proved Admitted Proved

Authorization letter in favour of Deepak Proved Kumar Call detail record in respect of mobile no. 9812628500 (Rajender S/o Satpal Singh) Certificate of U/S 65B of Indian Evidence Act Proved

395. DW42/C

Proved

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

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396. DW42/D 397. DW43/A 398. DW43/B 399. DW43/C 400. DW43/D 401. CW1/C 402. CW1/D 403. CW1/DX1 404. CW1/DX2

Cell ID Chart of Idea Cellular Copy of customer application form Sanjay S/o Daya Nand Copy of customer application form Rajinder S/o Satpal Copy of customer application form Jitender Singh Communication From DE (B & CCS) CMTS Statement of Amar Lal on 27/6/2011 Statement of Amar Lal on 27/7/2011 Affidavit of Amar Lal Statement of Amar Lal without date

Proved Proved Proved Proved Proved Proved Proved Proved Proved

Spot inspection by the Court:On 26.2.2011 in terms of the provisions of Section 310 Cr.P.C. this Court in order to properly appreciating the evidence on record conducted a Spot Inspection of village Mirchpur in the presence of Deputy Commissioner, Superintendent of Police, Deputy Superintendent of Police, counsels for the both the victims and the accused. Various places including the police station Narnaund, office of the Revenue Officer (Tehsildar), Main gali of the village Mirchpur where earlier the incident dated 19.4.2010 had occurred and also the spot from which the rioting commenced on 21.4.2010. The Chaupals that is both the 'J' Chaupal and 'B' Chaupal, the water tank (diggi), Houses of Karan Singh, Veer Bhan, Tara Chand, Kamla, Chander Bhan, Nawab, Pawan, Satpal, Bane Singh, Rajender, Manoj, Ram Niwas, Rajmal and Rajesh many of whom were situated on the main gali and some in the adjoining galis as shown in the site plan were also inspected. During the spotSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 48

inspection this Court carried with it a site plan prepared by the Investigating Officer (present on the Court record) and after comparison of the same with the spot, found the site plan to be factually correct. The Court further observed that the distance between Hansi Rest House adjoining the Court of Judicial Magistrate Hansi and Police Station Narnaund was 25 kilometers and it took about 30 minutes to reach the Police Station. Further, the distance between Police Station Narnaund and the office of Tehsildar (accused Jage Ram who has been discharged earlier) was 1.5 kilometers and it took hardly 3-5 minutes to reach the same. The distance between the Revenue Office of Tehsildar and the village Mirchpur was 17 kilometers and it took about 25 minutes to reach village Mirchpur. It is evident that village Mirchpur is 30 minutes away from Police Station Narnaund in case if there is no obstruction. This Court was also informed that village Mirchpur was the last village on the boarder of district Hissar after which the jurisdiction falls within district Jind. While returning the route taken was through City Hissar and it was observed by the Court that it took about 40-45 minutes to reach Hissar City uninterruptedly. It is evident that the minimum time taken by road for any reinforcement/ assistance to reach village Mirchpur from Hissar City would be 40-45 minutes which could be more in case if there is some obstruction. On the way back this Court was also informed that at many places on the route where the road was single there is a frequent problem of a traffic jam and even on the date of the incident on account of a large number of vehicles of fire brigade and ambulances coming towards the village there was a traffic jam as a result of which there was a delay in rushing many of the injured (including Tara Chand) referred to Hissar Hospital.St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 49

CHARGES:On 10.3.2011 this court has settled the charges under Sections 120-B, 302, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code and additional charge under Section 3 (1) (x), (xv) , 3 (2) (iii), (iv) (v) of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the accused (1) Dharambir S/o Sh. Tara Chand, (2) Pawan S/o Sh. Ram Mahar, (3) Karambir S/o Sh. Tara Chand, (4) Joginder @ Jogar S/o Sh. Bhim Singh, (5) Dalbir S/o Sh. Dalip Singh, (6) Balwan S/o Sh. Inder Singh, (7) Satyawan S/o Sh. Tara Chand, (8) Jaibir S/o Sh. Mnaphool, (9) Ajit S/o Sh. Sukhbir, (10) Balwan S/o Sh. Dharmabir, (11) Rajbir @ Nanha S/o Sh. Mai Chand, (12) Viren S/o Sh. Yashpal, (13) Dharambir S/o Sh. Mai Chand, (14) Deepak @ Sonu S/o Sh. Krishan @ Pappu, (15) Kuldeep @ Midda S/o Sh.Balbir, (16) Rajinder S/o Sh. Balu, (17) Jagdish @ Hathi S/o Sh. Baru Ram, (18) Suresh Kumar S/o Sh. Balbir, (19) Rajinder Kr. S/o Sh. Sadhu Ram, (20) Ramphal S/o Sh. Prithvi, (21) Daya Singh S/o Sh. Jeet Singh, (22) Pardeep S/o Sh. Balwan, (23) Rishi S/o Sh. Satbir, (24) Jasbir S/o Sh. Ishwar, (25) Karampal S/o Sh. Satbir, (26) Sunil @ Sonu S/o Sh. Jasbir, (27) Sumit S/o Sh. Satyawan, (28) Pardeep S/o Sh. Ramphal, (29) Roshan Lal S/o Sh. Ram Swarup, (30) Surender S/o Sh. Jagda, (31) Hoshiar Singh S/o Sh. Mang, (32) Ajit S/o Sh. Dalip, (33) Rajinder S/o Sh. Dhup Singh, (34) Rajinder S/o Sh. Pali, (35) Vijender S/o Sh. Hoshiar Singh, (36) Dinesh S/o Sh. Prem, (37) Kulvinder S/o Sh. Ram Mahar, (38) Monu S/o Sh. Suresh, (39) Amit S/o Sh. Satyawan, (40) Sunil S/o Sh. Daya Nand, (41) Baljeet S/o Sh. Inder, (42) Rajesh S/o Sh. Dupa, (43) Ramesh S/o Sh. Karan Singh, (44) Ameer S/o Sh. Tara, (45) Anil S/o Sh. Prem Singh, (46) Balwan S/o Sh. Jeela,St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 50

(47) Charan S/o Sh. Sadhu Ram, (48) Anup S/o Sh. Dharma, (49) Dalbir S/o Sh. Tara, (50) Krishan Kr. @ Dhaula S/o Sh. Satyawan, (51) Jogal @ Doger S/o Sh. Hawa Singh, (52) Jitender S/o Sh. Satbir, (53) Jora Singh S/o Sh. Balwan, (54) Rakesh @ Kala S/o Sh. Satyawan, (55) Krishan S/o Sh. Karan Singh, (56) Kuldeep S/o Sh. Om Prakash, (57) Jasbir @ Lillu S/o Sh.Raja, (58) Manbir S/o Sh. Jile Singh, (59) Nasib S/o Sh. Prem Singh, (60) Rakesh @ Nikle S/o Sh. Amarlal @ Lala Ram, (61) Pappu S/o Sh. Pyara, (62) Pradeep S/o Sh. Jagbir, (63) Pradeep S/o Sh. Jaibir, (64) Pradeep S/o Sh. Satbir, (65) Pradeep S/o Sh. Suresh, (66) Praveen S/o Sh. Jagdev, (67) Pawan S/o Sh. Hoshiar Singh, (68) Pawan S/o Sh. Rajbir, (69) Sandeep S/o Sh. Mahinder Singh, (70) Sandeep S/o Sh. Raj Kumar, (71) Sandeep S/o Sh. Ram Swarup, (72) Sandeep S/o Sh. Rattan Singh, (73) Sandeep S/o Sh. Joginder, (74) Sandeep @ Langra S/o Sh. Chander, (75) Sanjay @ Sanjeep S/o Sh. Amar Lal, (76) Sanjay Handa S/o Sh. Daya Nand, (77) Satta Singh S/o Sh. Karan Singh, (78) Sattu Singh S/o Sh. Randhir Master, (79) Satyawan S/o Sh. Rajinder, (80) Shamsher S/o Sh. Rajinder, (81) Sheela @ Sunil S/o Sh. Bira, (82) Sonu @ Monu S/o Sh. Ramesh, (83) Mandeep @ Sonu S/o Sh. Dalbir, (84) Naveen @ Tina S/o Sh. Rajbir, (85) Vedpal @ Bedoo S/o Sh. Karan Singh, (86) Vikash S/o Sh. Sunehera @ Sumer Singh, (87) Vipin S/o Sh. Joginder Singh, (88) Jokhar @ Joginder S/o Sh. Inder Singh, (89) Rajpal S/o Sh. Sheo Chand, (90) Jaibir S/o Sh. Balbir, (91) Ramesh @ Mahesh S/o Sh. Dalip Singh, (92) Rupesh S/o Sh. Tek Chand, (93) Bobal @ Langra S/o Sh. Tek Chand, (94) Jagdish @ Jangla S/o Sh. Lakshman, (95) Pawan @ Tinku S/o Sh. Sewa Ram and (96) Vinod S/o Sh. Jagdeep. Further, charges under Sections 120-B, 302, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal CodeSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 51

and Section 4 of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989 were also settled against the accused (97) Vinod S/o Ram Niwas. I may observe that initially charge under Section 216 Indian Penal Code was settled against the accused (98) Vedpal S/o Dayanand (on bail) but later on account of the testimony of the prosecution witnesses the said charges were amended/ modified and the charge under Sections 120B, 302, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code and additional charge under Section 3 (1) (x), (xv) , 3 (2) (iii), (iv) (v) of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989 was also framed against him on 19.5.2011. claimed trial. All the accused pleaded not guilty and

Facts admitted or not disputed by the prosecution/ victims and the defence:The following facts have not been disputed by the parties: That there is a mixed population in the village Mirchpur and persons belonging to all castes are residing in the village. That the 'B' Basti is situated in the out skirt of the village. That there are houses belonging to the members of 'B' community and 'J' community in the main gali but initially there are houses belonging to the members of 'B' community situated on one side and as one goes ahead, the houses of members of 'J' community are situated. That in the main gali which is known as Subha Satha Fauji Gali, the houses of members of 'J' community are situated on one sideSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 52

and the houses belonging to the members of 'B' community are situated on the other side. That in order to reach the fields all residents of the village have to pass through this mail gali known as Subha Satha Fauji Gali. That accused Rajender S/o Pale is running a milk dairy and used to supply the milk in the village including the 'B' Basti of village Mirchpur. That on the date of incident i.e. 21.4.2010 there was an arson in the village Mirchpur in which the houses belonging to the members of 'B' community were burnt. That Tara Chand and his daughter Suman were burnt to death in the incident. That Ved Pal Tanwar a political leader and a resident of Hissar has political ambitions and is running a Gair Jat Sangathan and contests elections. That after the incident about 200-250 members of 'B' community left the village and started residing at the Farm House of Ved Pal Tanwar at Hissar. CASES REFERRED:By the Prosecution/victims: 1. 2. Abdul Sayeed -vs- State of Madhya Pradesh, (2010) 10 Supreme Court Cases 259. Rafique -vs- State of Madhya Pradesh, (Criminal Appeal No.1399/2008). Rais @ Toun & Ors. -vs- State Madhya Pradesh (Criminal Appeal No. 1363-65/2010) (before P. Sathasivam and Dr.B. S. Chauhan, JJ).

3.

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4. 5. 6. 7. 8. 9. 10.

C. Muniappan & Ors. -vs- State of Tamil Nadu and D. K.Rajendran & Ors. -vs- State of Tamil Nadu, (2010) 9 Supreme Court Cases 567. Abu Thakir and Others -vs- State of Tamilnadu (2010) 5 Supreme Court Cases 91. Prathap and Another -vs- State of Kerala, (2010) Supreme Courts Cases 79. Dilpesh BalChandra Panchal -vs- State of Gujrat, (2010) 11 Supreme Courts Cases, 714. Sangappa Sanganabasappa M . and Others -vs- State of Karnataka and Others, 2010 (11) SCC 782. Balraje Alias Trimbak -vs- State of Maharashtra, (2010) 6 Supreme Court Cases 673. Moniruddin Ahmed Alias Lalu Dealer and Others Bengal, (2010) 12 Supreme Courts Cases 238. -vs- State of West

11.12. 13. 14. 15. 16. 17. 18.

Dhan Singh -vs- State of Haryana, (2010) 12 Supreme Court Cases 277. Amit Kumar & Anr. -vs- State of Punjab, (2010) 12 Supreme Court Cases 285. Adalat Pandit & Anr. -vs- State of Bihar, (2010) 6 Supreme Court Cases 469. Punjab & Haryana High Court -vs- Megh Raj Garg & Anr., (2010) 6 Supreme Court Cases 482. Neeta Rakesh Jain -vs- Rakesh Jeetmal Jain, (2010) 12 Supreme Court Cases 242. Sambhu Das @ Bijoy Das & Anr. -vs- State of Assam, (2010) 10 (Supreme Court Cases) 374. Sushila Chemical Private Ltd. & Anr. -vs- Bharat Coking Coal Ltd. & Ors., (2010) 10 Supreme Court Cases 388. Sunder Singh -vs- State of Uttaranchal, (2010) 10 Supreme Court Cases 611.

19.

Surendra Pal and Ors. -vs- State of Uttar Pradesh & Anr. (2010) 9 Supreme Court Cases 399.

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20. 21.

Dharnidhar -vs- State of Uttar Pradesh, (2010) 7 Supreme Court Cases 759. Rasid Javed & Ors. -vs- State of Uttar Pradesh, (2010) 7 Supreme Court Cases 781.

22.23. 24. 25. 26. 27. 28. 29. 30. 31.

Mulla & Anr. -vs- State of Uttar Pradesh, (2010) 3 Supreme Court Cases 508. State of Uttar Pradesh -vs- Ram Sanjivan & Ors., (2010) 1 Supreme Court Cases 529. Lehna -vs- State of Haryana, (2002) 3 Supreme Court Cases 76. State of U.P. -vs- Jagdeo & Ors., (2003) 1 SCC 456. State of Rajasthan -vs- Abdul Mannan, MANU/SC/0764/2011. State of U.P. -vs- Mohd. Iqram & Anr., MANU/SC/0699/2011. Kannan & Ors. -vs- State of Tamil Nadu, 1989 Supp (1) SCC 81. State of U. P. -vs- Dan Singh 7 Ors., (1997) 3 SCC 747. Swaran Singh & Ors. -vs- State, (2008) 8 SCC 435. Arumugam Servai -vs- State of Tamil Nadu, 2011 (4) SCALE, 756.

By the Accused: 1. 2. 3. 4. 5. Dilavar Hussain -vs- State of Gujarat, 1991, Supreme Court Cases (Cri) : 163 (1991) 1 SCC 253. Musa Khan & Others -vs- State of Maharasthra, 1977 SCC (Cri) 164. Tej Singh & Anr. -vs- State of Rajasthan (1995 Cri. L. J. 1944) Rajasthan High Court. Ram Prasad Meena -vs- State of Rajasthan I (1995) CCR 795 (DB), Rajasthan High Court. Ramappa Halappa Pujar & Ors -vs- State of Karnataka, Cri. Appeal No. 1344 of 2005 (Date of decision 27.4.2007).

6.7.

State of Maharashtra -vs- Ahmed Shaikh Babjan & Ors (Cri Appeal 25-29 of 2002, date of decision 24.10.2008). Din Dayal -vs- Raj Kumar @ Raju & Ors., 1999 CRI. LJ, 467 Supreme Court.

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8. 9. 11. 12.

Ram Swarup and Others, -vs- State of U. P., 1990 Cri. LJ 511 : (1989) All L. J. 1. Kanwarpal & Another -vs- State of M. P., AIR 2002 Supreme Court 3690. State (Delhi Administration) -vs- V. C. Shukla, AIR 1980 Supreme Court, 1382. Yudhistir -vs- State of Madhya Pradesh, 1971 SCC (Cri) 684. Mukteshwar Rai & Ors. -vs- State of Bihar, and Bhola Rai Kurmi & Ors. -vs- State of Bihar, 1992 SCC (Cri) 349 : 1992 Supp (1) SCC 727. State of U.P. -vs- Munni Ram & Ors., 2010 (12) JT 180. Ram Prasad Meena -vs- State of Rajasthan, I (1996) CCR 795 (DB). Din Dayal -vs- Raj Kumar @ Raju, 1999, Cri. LJ 467. Ashok Pandurang Jadhav -vs- State of Maharashtra,Crl. Appeal No.372/2009, decided on 06.05.2011. State of Andhra Pradesh -vs- Rayaneedi Sitharamaiah & Ors., (2010) 4 SCC (Cri): (2008) 16 Supreme Court Cases, 179. Bijoy Singh -vs- State of Bihar, Supreme Court, Crl. Appeal 13391340/1999, decided on 17.4.2002. Pandurang Chandrakant Mhatre -vs- State of Maharashtra, AIR 2010 SC (Supp) 204. Ram Chander -vs- State of Haryana, 1981 Supreme Court 1036 = 1981 Cri LJ 609. Ramvilas & Ors -vs- State of Madhya Pradesh, 1985, Cri. LJ 1773. Dashrath -vs- State of Karnataka, 2011 Cri. LJ 220, Karnataka High Court, Crl. Appeal No. 2243 of 2006, D/-9.10.2009. Nallapati Sivaiah -vs- Sub-Divisonal Officer, Guntur, A. P. AIR 2008 Supreme Court 19. State of Maharashtra -vs- Rajendra Jawanmal Gandhi Supreme Court 3986 (1). etc., AIR 1997,

13.14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.

Kamaksha Rai and Ors -vs- State of U.P., (2000 Cri LJ 178 SC). Tej Ram & Anr. -vs- State of Rajasthan, 1995 Cri, LJ 1944.

27.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

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28. 29. 30. 31. 32. 33. 34. 35. 36.

Kishore Chand -vs- State of Himachal Pradesh, 1991 SCC (Cri) 172 (1991) 1 SCC 286. U. N. R. Rao -vs- M. Shanmugavel, 1977 SCC (Cri) 172. Mohamed I. Unjawala and etc. -vs- Assistant Commissioner of Income Tax, City Circle VI (1) Madras, 1995 Cri.LJ 1949. Fakir Chand Behera & Anr. -vs- Narayan Nayak & Ors., I (1995) CCR 810. Shyam Babu -vs- State of Haryana, AIR 2009 Supreme Court 577. Sadaram -vs- State of Madhya Pradesh, 1971 SCC (Cri) 691. Munna Lal -vs- State, II (1997) CCR 597 (DB) Dhanno Bai & Ors. -vs- Kanhaiyalal Sansi & Ors., II (1997) CCR 605. Raju @ Rajender -vs- State of Maharashtra, 1998 SCC (Cri) 296. State of Orissa -vs- Thakara Besra, (SC) 550, Cri. Appeal No. 533/1994, decided on 16.4.2002. Rameshwar Singh -vs- State of Jammu & Kashmir, 1971 SCC (Cri) 638. Mrs. Shakila Khader etc. -vs- Nausher Gama & Anr., AIR 1975 Supreme Court 1324 (1). Parmod Kumar -vs- State, Delhi High Court, 1990 (3) 292. Sewa Ram & Ors. -vs- State of Punjab, RCR, 1990 (3)1. Nisar Ali -vs- State of UP, (S), AIR 1957 SC 366 (V 44 C 55 May). K. N. Mehra -vs- State of Rajasthan, (S), AIR 1957 SC 369 (V 44 C 56 May). Varkey Joseph -vs- State of Kerala, 1993 SCC (Cri) 1117. Navalshankar Ishwarlal Dave & Anr. -vs- State of Gujarat & Ors., 1993 (SCC) Cri 1126. Aqeel Ahmad -vs- State of U.P., (2010 (4) SCC (Cri) 11: (2008) 16 SCC 372.

37.38. 39. 40. 41. 42. 43. 44. 45. 46.

47.48. 49.

State of Karnataka -vs- K. Yarappa Reddy, 2000 (SCC) Cri,. 61. P. V. Radha Krishna & Ors. -vs- M. Bhaskar Reddy & Ors., AIR 2010 SC (Supp) 211. State (Delhi Administration) -vs- Laxman Kumar & Ors, AIR 1986 SC 250.Page No. 57

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

PROSECUTION EVIDENCE: In order to prove its case the prosecution has examined as many as 67 witnesses. Out of the eighty two cited eye witnesses it has examined forty three eye witnesses out of which twenty one have been declared hostile. Further, out of the sixty seven witnesses so examined, fourteen witnesses are formal witnesses and four witnesses are those who were involved with investigations of the case.

Public witnesses/ victims / injured:PW7 Yogesh Kumar aged 26 years is the son of Jai Parkash and is a resident of village Mirchpur and is a labour by profession. This witness has not supported the case of the prosecution qua the incident dated 21.4.2010 and has also not supported his statement made to the police under Section 161 Cr.P.C. which is Ex.PW7/PX1. This witness has turned hostile both on the incident dated 21.4.2010 and the identity of the accused. According to him, he had seen large crowd in the gali and when he came out he was hit with the stone on the leg and feeling scared he returned to his house. He has however admitted that he got his medical conducted from the doctor who had come to the village on 30.4.2010 since he had received a stone injury when he had come out of the house after which he immediately went back. I may observe that this witness Yogesh is the nephew of Karan Singh the complainant who is also stated to be the eye witnesses to the incident dated 19.4.2010 being involved in the quarrel with the boys belonging to 'J' community. He has not supported the prosecution case on both the incidents dated 19.4.2010 or with regard to the identity of the accused in respect of the incident dated 21.4.2010.St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 58

PW8 Ram Phal aged 62 years is the son of late Sh. Rishala, and is a resident of village Mirchpur. He was previously a wrestler and presently he is giving tuition's to the children in the village. This witness has stated that he did not see anything happening since he had gone to the playground for giving coaching. He has not supported his earlier statement made to the police under Section 161 Cr.PC which is Ex.PW8/PX1 and has not identified any of the accused in the court and has turned hostile on the same. He has also stated that he did not receive any injury but admits that his medical was conducted on 30.4.2010 and the explanation he has offered for the same is that since everybody in the village was getting medical conducted therefore he also got his medical conducted. He has admitted having received a compensation on the basis of the said medical report and justified the same by stating that everybody was getting the same so he also received. PW9 Ms. Bindu aged 8-9 years is the daughter of Suresh and a resident of village Mirchpur was called to the court by the prosecution and submitted for examination but it was observed by the court that despite being put various questions in vernacular she did not say anything. She also did not understand the sanctity of oath and therefore, her examination had to be dispensed with on the request of the prosecution. PW10 Rajbir aged 30 years is the son of Baje Singh and is also a resident of the village Mirchpur. He is totally illiterate and is a labour on daily wages doing the work of mason. This witness in his examination in chief has not mentioned about the incident dated 19.4.2010 though he has made a causal reference to the same. In so far as the incident dated 21.4.2010 is concerned he has deposed that on theSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 59

said date the persons belonging to 'J' community had got together and come to the 'B' Mohalla duly armed with jellies, lathies, oil containers and did mar pitai and also used abuses stating chooreya nu jala do and while using such abuses pelted stones. According to the witness 300-400 persons from 'J' community had come and had burnt houses of Tara, Dhupa and large number of other persons belonging to the 'B' community but he can only recognize the son of Pale whose name he is not aware and one boy whose name is Petla. He has also stated that in this incident he had received brick injuries on his ankle and his medical was conducted on 30.04.2010 and his MLR is Mark M1 (later on Ex.PW59/A after it was proved by Dr. Pale Ram). It was on a specific query by the court that the witness admitted that he had received a compensation to the tune of Rs.25,000/- from the Government. Further when all the accused were specifically put to the witness for identification, he could only identify Rajender S/o Pale by putting his hand on the accused but not by his name despite having specifically named him earlier. However, he could not identify the accused Petla when put to him. In his cross-examination the witness has stated that the police did not record his statement on 21.4.2010 but had only made inquiries from him but later on stated that the police had made inquiries from him on 30.4.2010 and not on 21.4.2010 and the police officer who was making inquiries from him was also writing down what he was saying. According to the witness, he had informed the police officer recording his statement all that he has stated in the court but when confronted with his statement made to the police under Section 161 Cr.P.C. which is Ex.PW10/DX1 the facts as stated by him in hisSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 60

examination in chief regarding the dispute between the parties on a shedog of Jai Parkash and the accused having come with jellies, lathies and oil containers and having made caste related remarks, were not so recorded. The witness has denied that he had named two boys on tutoring or that Rajender S/o Pale is not the same person whom he had seen at the time of rioting and had insisted that Rajender was one of the assailants. The Ld. Defence counsel has cross-examined this witness at length. The witness has on the suggestion of the Ld. Defence Counsel stated that he is not aware if on 21.4.2010 Rajender was going to his fields on his cart/ buggi in the morning along with one Karam Pal and a large number of boys belonging to the 'B' community got together and had given a beating to Rajender and Karam Pal due to which reason the incident got aggravated and there was stone pelting from both the sides. He has denied that the boys belonging to 'B' community were in fact the first aggressors and in order to create false evidence they had themselves set fire to their properties and the accused had nothing to do with the incident but has admitted that there was stone pelting from both the side which lasted for about one and a half hour. This witness has however admitted that a complaint had been made to the senior police officers but he is not aware of the contents of the same and whether the senior police officers were told that the boys of the 'B' community had made the first aggression which complaint was later on changed by the senior police officers. He has denied that he was not present in the village on the date of incident. PW11 Smt. Madho aged between 65-70 years is the wife of Tek Ram and is a resident of village Mirchpur. She has not supported theSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 61

case of prosecution with regard to the incident dated 21.4.2010 and also with regard to her statement made to the police under Section 161 Cr.P.C. which is Ex.PW11/PX1 and on the identity of the accused she has turned hostile. According to the witness, she was inside the house at the time of incident and she came to know that a quarrel was going on and stones were being pelted. She has neither identified any of the accused nor she has admitted her earlier statement and has denied having named any of the accused in her statement made to the police or that she had told the Investigating Officer that in this incident dated 21.4.2010 houses of large number of members of 'B' community were damaged and burnt. PW12 Smt. Murti Devi aged 54 yeas is the wife of Karan Singh (the complainant in the present FIR) and is a resident of village Mirchpur. She has not supported the case of the prosecution in respect of the incident dated 21.4.2010, with regard to the statement made by her to the police under Section 161 Cr.PC which is Ex.PW12/PX1 and also on the aspect of identity of the assailants on which she has turned completely hostile. According to her, on the date of incident i.e. 21.4.2010, there was stone pelting in the village in which she received injury on her arm but she was staying inside her house when the stones which were being pelted out side her house, hit her arm but has stated that she did not see anything. She however admits that she had gone to get her medical conducted on 22.4.2010. She has denied her statement made and has not identified any of the accused in the court and has also stated that she cannot tell the community to which the aggressors belong. PW13 Smt. Sunita aged 29 years has deposed that is the wife of Ved and is a resident of village Mirchpur and is a labour on daily wages. At the time when her deposition was recorded in the court sheSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 62

was residing at Ved Pal Tanwar Farm House. At the very outset before starting to analyze the statement of this witness I may observe that the actual name of this witness is Kanta and not Sunita and she has wrongly deposed by claiming herself to be Sunita. In fact it is also observed by this court that she has wrongly shown the MLR of her son Sunil aged 10 years as her own MLR vide Ex.PW13/A bearing her thumb impressions. When this witness was cross-examined by the defence with regard to her identity she stated that she was also known as Kanta but insisted that her real name was Sunita which name was present on all the documents including ration card, election card etc. When asked to produce the proof thereof she did not do so. Rather, later when her mother in law Kela was examined as PW20 it was she who produced her election card and informed the court that Sunita the present witness was in fact her daughter in law Kanta. This establishes that Kanta has impersonated herself as Sunita and has deposed as such. Though in her examination in chief she has deposed regarding the incident dated 19.4.2010 but it is evident from her crossexamination that it is on the basis of hearsay and she is not an eye witness to the incident. She has admitted that on 19.4.2010 at the time of the incident she was working at the Bhatta of Suresh and therefore, under these circumstances her testimony to this extent is inadmissible. Further, she has also testified that on the next day that is 20.4.2010 the persons belonging to the 'J' community had called for their Panchayat. Further, according to the witness on 21.4.2010 around 500-600 persons belonging to the 'J' community came to the 'B' Mohalla at about 8:00 AM and started pelting stones and there was arson which went on for about three hours and at around 11 AM these persons started putting fire.St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 63

According to her, the said persons had containers filled with oil and bullock-carts filled with stones and they first set the house of Suman on fire in which the whole house was burnt including the father and the daughter namely Tara Chand and Suman. She has also deposed that the SHO Police Station Narnaund and other police officers had come at about 10:00 AM in four-five vehicles also participated in the same while the arson/burning started at about 11:00 AM and a large number of ladies were also present in the crowd who had covered their faces with chunnies. She has testified that she is not aware the names of said ladies but she could identify them on seeing them and even the men had covered their faces but she could only identify some of them but not all because of these reasons. The witness has also deposed that the houses of Pala, Chander, Satya Fauji, Gulaba, Surta and others all belonging to 'B' community were also set on fire and around 20-25 houses were burnt in all. According to her, the persons who were the aggressors numbering about 500-600 were also shouting choorya ko aag laga do which they did after surrounded the Basti and when this incident was happening she went inside her house along with her children. She has further deposed that she was ailing at that time and witnessing the incident by standing on the front side gali since there was fire on the back side gali when she was hit by a stone on her left hand and on the 3 rd or 4th day they left the village under police protection and went to the residence of the DC Hissar on a Dharna. According to the witness, it was at the residence of the DC Hissar that she was given medical treatment and her hand was bandaged and she went to the government hospital after three to four days for changing of her bandage. She has proved having put her thumb impressions on her MLR which was done in the Hissar hospital whichSt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 64

MLR is Ex.PW13/A. On the directions of this court the right and left hand thumb impressions of the witness were taken in the court and placed on the judicial record and it has been observed by the court that the same are not matching as the MLR Ex.PW13/A in fact belongs to her son Sunil aged 10 years and not to the witness and when specifically cross-examined on this aspect and asked to explain this discrepancy, she simply stated that the doctor did not ask her the age. She also stated that her medical was conducted after three to four days of the incident when they had gone to the house of DC for Dharna which is incorrect since the said MLR of the child is dated 2.5.2010 that is after eleven days of the incident. This establishes that she has also made a false statement before this court on the aspect of this MLC. This court had put a specific question to the witness if she could identified the SHO on which she stated that she could not identified him but knew that the SHO was present because she saw that a large number of police officers had come in four vehicles. This witness has also alleged that she had seen some police officers telling the crowd to indulge to rioting but she could not identify any one of them and when the accused Vinod S/o Ram Niwas who was the SHO Police Station Narnaund was put to her but she could not identify him. She has not named any of the assailants and it was only after the accused were specifically put to her, that she has identified Rajender S/o Pale Ram as the person because of whom there was the incident of quarrel and who was indulging into arson, rioting, stone pelting. She also identified Papu S/o Pyare Lal as the person who had brought the rehri/ bullock-cart filled with stones.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)

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In her cross-examination by Ld. Defence counsel the witness has admitted having received a compensation from the Government for a sum of Rs.25,000/- and according to her it was only the visit of Sh. Bhupender Singh Hooda that she came to know that all persons who have an MLR would be getting compensation and not others. This witness has been exhaustively cross-examined on the aspect of the incident dated 21.4.2010 and she has denied that she has appeared in the court at the instance and on the tutoring of Ved Pal Tanwar, police officers and the various lawyers who had been visiting the Tanwar Farm House where she is staying after the incident. I may observe that for the reasons discussed herein above this witness Sunita who is actually Kanta is not a reliable witness and her testimony being tainted with falsehood is liable to be rejected. PW14 Smt. Angoori aged between 65-70 years who is the wife of Sh. Dalip Singh and is a resident of village Mirchpur, has been dropped as a witness by the Special Public Prosecutor for the victims and not examined keeping in view her age and physical condition. She has been observed to be paralytic on the left half of her body and has been brought to the court on a wheel chair and she is also blind by one eye(left) and when questioned did not seem to know anything about the incident. PW15 Smt. Krishna aged between 40-45 years is the wife of Raghubir and is a resident of village Mirchpur and is a daily wager by profession. She has not supported the case of the prosecution at all. She has turned hostile on the aspect of the incident dated 21.4.2010 and also on the identity of the accused and has denied having received anySt. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 66

injury on her body or that she had received any compensation from the Government. She has not admitted her statement made to the police under Section 161 Cr.P.C. which is Ex.PW15/PX1 wherein she had named Pappu S/o Payara, Pradeep S/o Jagbir, Pradeep S/o Jai Veer and Pardeep S/o Satbir of 'J' community. According to her, she has not received any injuries in the incident dated 21.4.2010 nor she had got her medical examination conducted. She also has stated that there was no damage to her property and she did not get any compensation from the Government. She has however admitted that her daughter Suman had sustained injuries in the incident but has stated that neither she nor her daughter got their medical conducted from the Hissar hospital. Her MLR Ex.PW15/A was put to her which she denied but it was observed by the court that her thumb impressions taken in the court matched with the thumb impressions present on the MLC. She has denied that she has been won over by the accused who are from the dominant community and is deliberately not identifying the assailants out of fear. PW16 Mrs. Ishro wife of Pasha a resident of village Mirchpur claims that she is 60-70 years of age but appears to be 50-55 years. She has not supported the prosecution case on both incident i.e. on 19.4.2010 and 21.4.2010 and also on identity of accused and has been declared hostile by the prosecution. She has not supported her earlier statement made to the police under Section 161 Cr.PC which is Ex.PW16/PX1. She has denied that she in her earlier statement made to the police made allegations against Manbeer S/o Zile Singh, Manjeet S/o Mahender Singh, Naseeb S/o Prem Singh, Nikli S/o Lalla of 'J' community, or that she has been own over by the accused