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Murder reference No.6 of 2013, titled as State of Haryana Vs. Rajesh, has been placed before us for confirmation of the death sentence imposed upon the respondent by the trial Court, vide its judgment dated 27.09.2013/28.09.2013.
Rajesh, the convict, on the other hand, challenges the same order/judgment passed by the Additional Sessions Judge, Sonepat, convicting and sentencing him in the following terms: -
2. The facts of the case are that Police Station City, Gohana, received information at 01:45 AM from a ward servant of CHC Gohana (Ex.PQ), containing intimation by a doctor that Sonu @ Kala and Ramesh have been referred to PGIMS, Rohtak, whereas Sonia, daughter of Ramesh, has been brought dead to the hospital.
PW-22, SI Megh Raj, who was posted at PS City Gohana, Sonepat, alongwith ASI Balwan, ASI Samunder Singh, HC Ram Niwas, HC Sukhbir and Constable Sanjay proceeded to the Police Post, PGIMS, Rohtak and upon reaching there, took into possession intimation Ex.PU, about the death of Ramesh and also took into possession intimation Ex.PN/1, pertaining to injuries suffered by Sonu, alongwith a copy of the MLR, Ex.PN.
6. Upon completion of prosecution evidence, a final report was filed before the Judicial Magistrate Ist Class, who vide order dated 13.11.2010, committed the matter to the Court of Sessions. The matter was eventually placed before the Additional Sessions Judge, Sonepat, who vide order dated 27.01.2011, framed the following Charges: -
CRA-D-1630-DB-2013 [6] "Firstly: That on 5.9.2010 in the area of Devi Pura, Gohana, P.S.City, Gohana, you committed murder intentionally causing the death of Ramesh and Sonia and thereby you committed an offence punishable under Section 302 IPC and within the congnizance of this court.
CRA-D-1630-DB-2013 [9] PW-4 was EHC Ajmer Singh, PS City Gohana, who tendered his affidavit, Ex.PC, to corroborate the statement made by PW-3 that the case property was handed over to him and he deposited the same with the FSL, Madhuban, against receipt.
PW-5 was EHC Rajesh Kumar, Draftsman, S.P. Office, Sonepat, who deposed that on 30.09.2010 he prepared the scaled site plan, Ex.PD, after visiting the spot.