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Vaish College, Rohtak, Haryana
Vaish College, Rohtak, Haryana
Address:Near Railway Station
Rohtak (District Rohtak)
Haryana, IndiaPin Code : 124001
Vaish College, Rohtak is a recognised institute / college. Study Centre code of Vaish College, Rohtak is 2304.
Principal of Vaish College, Rohtak is Dr VK Jain.
Vaish College, Rohtak is situated in Rohtak of Haryana state (Province) in India. This data has been provided by www.punjabcolleges.com. Chairman : Naveen Kumar Jain.
Contact Details of Vaish College, Rohtak are : Telephone: 248442, 267642, 329904
Vaish College, Rohtak runs course(s) in Degree stream(s).
Vaish College is affiliated with Maharshi Dayanand University, Rohtak (Haryana)
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VIJAY SHANKAR Vs STATE OF HY ETC Crl A NO 87 DB OF 1999
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: 5-4-2006
. . .
Vijay Shankar .......Appellant
The State of Haryana .......Respondent
Hon'ble Mr.Justice HS Bedi
Hon'ble Mr.Justice RS Madan
Mrs.Satinderpal Kaur, Advocate for the appellant.
Mr.AR Sidhu,Addl.Advocate General,Haryana with Mr.Rajiv Kwatra,Senior Deputy Advocate General, Haryana.
. . .
The facts relating to this appeal are as under:
Sukhbir Singh-PW10 was working as a teacher whereas his elder brother Satish Kumar (deceased) was a Sub Inspector, with the Delhi Police. The two brothers owned a poultry farm in the area of Village Dujana in which they were also residing. On 16-3-1995, Satish Kumar along with his family members reached the poultry farm at about 8.00 P.M.
to celebrate the Holi festival. After the two brothers had discussed some family affairs for some time, Sukhbir Singh returned to the Village at about 2.00 A.M. on the night intervening of 16/17-3-1995 to be with his family, leaving Satish Kumar at the Farm. On the early morning of 17-3-1995, Sukhbir Singh received a telephone call from his servants, namely, Kishore, that Satish Kumar was lying in an unconscious condition outside the room
in a pool of blood. Sukhbir Singh thereupon reached to the farm and carried his injured brother to the Medical College and Hospital, Rohtak and got him admitted there. The information was also sent to the police. On getting information, a police party from police station Jhajjar reached the hospital where they found the injured unfit to make statement.
However, the statement Ex.PR of Sukhbir Singh was recorded by the police, on the basis
of which the First Information Report Ex.PJ was registered at Police Station,Jhajjar at 3.30 P.M. On 17-3-1995 and the special report had been delivered to the Illaqa Magistrate, Rohtak at 10.00 A.M. on 20-3-1995. In the FIR, Sukhbir Singh revealed that at about 10-11 P.M. on 16-3-1995, the accused Vijay Shanker had arrived at the farm completely drunk and had mis-behaved with him and his brother Satish Kumar and also threatened that he would teach them a lesson. On the registration of the First Information Report, the help of dog squad was also taken. The sniffer dog followed the trail to the Baithak of the accused Vijay Kumar. On the completion of the investigation, the accused was charged for the offence punishable under Sections 302/449 of the Indian Penal Code, to which he pleaded not guilty and claimed trial.
The prosecution in support of its case, examined PW4- Mir Singh,Patwari, Halqa Dujana, who brought the relevant record to prove the existence of the Farm and land of Smt.Vidya and her children including Satish Kumar and Sukhbir Singh(deceased); PW6-Dr.KS Bhatia, who on 17-3-1995 had opined on the application Exhibit PE that Satish Kumar was unfit to make a statement; PW-7-Dr.Ashwani Kumar of the Department of Pathology, MCH,Rohtak, who deposed that he had examined Satish Kumar on 17-3-1995 and found five injuries on his person, including incised wounds and a diffused swelling on the left side of the neck and hand and had opined after seeing the knife that injuries Nos.1 to 4 could have been caused by the said weapon; PW-9-Dyali Ram,Chowkidar of village Dujana,
who stated about the sniffer dog having followed the trail to the Baithak of the accused; PW-10-Sukhbir Singh, the complainant; PW11-Vidhya Rattan, who had on the night intervening 16-3-1995 and 17-3-1995, had gone towards village Budha in search of a lost buffalo and had seen the accused coming out of the room of Satish Kumar at about 2.30 A.M; PW12-Budh Ram, who also deposed to the motive and pointed out that he had went to
meet Satish Kumar on the Farm on 16-3-1995 and was a witness to the mis-behaviour of the accused at that time; PW13-Dr.Subhash Juneja who had conducted the post-mortem of the body of Satish Kumar; PW15-Kashmir Singh the recovery witness of the knife, the alleged murder weapon(Exhibit P16) and the blood stained clothes belonging to the accused (Exhibits P17 and P18); PW19-Kishore, the farm servant who deposed that he had seen Satish Kumar lying injured and had conveyed the information in the village; PW20-ASI Dalip Singh is the Investigating Officer of the case. The prosecution case was then put to the accused under Section 313 of the Code of Criminal Procedure and he denied the allegations leveled him and stated that infact the murder could have been caused by Sukhbir Singh-the complainant himself, as relations between the two brothers were
strained. He also examined one witness DW1-Sat Bhagwan in his defence.
The learned trial Court examined the matter under four heads; 1.Motive, 2.Last seen 3. Extra judicial Confession and 4.Recovery of
the incriminating articles. The Court observed that though the absence of a motive would not by itself determine the fate of the matter but the motive had infact been proved by the statement of Sukhbir Singh-PW-10. The Court also observed that last seen evidence was also to be believed, as PW11-Vidhya Rattan,who lived 15-16 killas away from the farm of the complainant had gone out in search of his buffalo and while doing so, had
come across the accused, who was running away from the place of incident.
The Court also observed that the extra judicial confession had been proved by the evidence of PW12-Budh Ram, who had been accompanied by the Numberdar at the time when the confession had been made. The learned Trial Court had also accepted the recoveries made at the instance of the accused in the presence of PW20-Dalip Singh,ASI and PW15-Kashmir Singh. The Court accordingly convicted and the sentence the accused to undergo rigorous imprisonment for life and a fine of Rs.2,000/- and in default of payment of fine to undergo rigorous imprisonment for six months under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1000/- for the offence under Section 449 of the Indian Penal Code and in default of payment of fine, to undergo rigorous imprisonment for three months. Both
the sentences were, however, ordered to run concurrently. Hence this appeal.
We have heard the learned counsel for the accusedappellant and Mr. Rajiv Kwatra, Sr. Deuty Advocate General,Haryana.
It has been argued by Mrs.Satinderpal Kaur that the FIR had not been recorded at the time shown thereon as the special report had been delivered to the Illaqa Magistrate at Rohtak after a delay of 67 hours.
It has also been pointed out that there is clear suspicion that the murder could have been committed by Sukhbir Singh-complainant on account of the strained relation between the two brothers. She has also pointed out that the
last seen evidence could not be believed as there was no reason as to why Vidhya Rattan-PW11, a rich man and the owner of 60 acres of land would go out in search of a buffalo and that in any case, it would not have been possible to identify the appellant from a long distance as was the case of the prosecution. She also pointed out that the extra judicial confession was weak type of evidence and could not be relied upon.
The learned State counsel however argued that the chain of the circumstances against the accused-appellant were clearly spelt out, and no reason for false implication of the accused could be discerned and the fact the dog had followed the track to the Baithak of the accusedappellant proved the case of the prosecution beyond doubt.
We have considered the arguments advanced by the counsel for the parties very minutely.
Concededly, the special report was delivered to the Illaqa Magistrate on 20-3-1995 at 10.00 A.M. although the First Information Report had been registered at 3.30 P.M. on 17-3-1995. We, however, observe that the FIR had been registered under Section 307 of the Code of
Criminal Procedure and, it is, therefore, understandable that the Investigating Officer was a little careless in sending the report to the Illaqa Magistrate immediately. We also observe that Satish Kumar deceased had been admitted in the hospital early morning of 17-3-1995 and had expired on 20-3-1995 and it only after becoming alive to the situation that the special report had been despatched to the Illaqa Magistrate. We are, therefore, of the opinion that merely because the special report had reached the Illaqa Magistrate on 20-3-1995 would not in any manner show that the
FIR had not been lodged at the time shown therein.
We have also considered the arguments in respect of the involvement of Sukhbir Singh-complainant as the murderer. It is true that in
his statement under Section 313 of the Code of Criminal Procedure, the accused has stated that the possibility of the murder being committed by Sukhbir Singh could not be ruled out, but except for his bald statement, there is no evidence whatsoever on this score. We also observe that no suggestion had been put to any of the prosecution witnesses including PW Kishore that the relationship between the two brothers were strained so as to impel one of them to murder the other. We have also carefully considered the arguments with respect to the last seen evidence. It is true that Vidhya Rattan,PW-11 lived at a distance of 15-16 killas away from the farm owned by the two brothers and that he was the owner of 60 acres of land and a petrol pump. We, however find nothing surprising in his going out in search of his buffalo as that would be the normal behavior of a farmer in the State of Haryana. Moreover as per the statement of Vidhya Rattan, he had identified the accused-appellant from a distance of 25 feet in the moon light and also in the light of an electric bulb, which had been affixed in the courtyard as is clearly evident from the evidence of PW19-Kishore. It has to be borne in mind that there is no suggestion whatsoever that Vidhya Rattan had any enmity or bias against the appellant.
Mr.Kwatra has, however, argued that in addition to this evidence, there are several other circumstances against the appellant i.e. the extra judicial confession and the motive. The trial Court has observed that the motive for the murder stood proved by the positive evidence of Sukhbir Singh-PW10. It is also clear from the record that Sukhbir Singh and Satish Kumar were financially secure and in addition to being employed ( Sukhbir Singh being a teacher and Satish Kumar a Sub Inspector in Delhi Police ) whereas the accused-appellant was a mere peon working in the Vaish College,Rohtak. There would thus not be any interaction between the two but at the same time there would be an element of envy or jealousy and in this situation the words uttered by the accused-appellant in the late evening of 16-3-1995 become relevant as he had threatened that as he felt slighted as he had not been allowed to park his bycycle at the farm or to take liquor therein, he would avenge the insult. We are of the opinion that in these circumstances, the motive also stands proved. We also find that the recoveries made from the accused have been proved by the evidence of Dalip Singh and Kashmir Singh.
There is thus no merit in the appeal.
(H S BEDI)
( R S MADAN )
NAAC report of Vaish CollegeSECTION I
Vaish Education Society, Rohtak took its origin on 16th February 1921 with the foundation stone laid by none other than the Father of the Nation Mahatma Gandhi. Vaish College is one of the nine educational institutions managed by Vaish Education Society. This college was established in the year 1946 with the objective of meaningful higher education to the needy students of Rohtak region. After independence and due to partition of the country students from Helley College of Commerce, Lahore joined this college for Commerce education. Thus the College has become a good center of Commerce education. During the course of its evolution in the past 55 years, the college has expanded itself into multi faculty institution offering Arts, Science and Commerce courses at Under Graduate level. The College is affiliated to Maharishi Dayanand University, Rohtak. It is also recognized by the UGC under Section 2(f) & 12(b) and receiving development assistance under different schemes.
Vaish College is one of the early institutions in Haryana to introduce Computer & Electronics Education. The College has all the requisite infrastructure facilities including good auditorium and stadium. The College has celebrated its golden jubilee in the year 1997. The college has future plans of introducing postgraduate Courses and UGC sponsored add on Vocational Courses in about 15 Subjects. The college has total strength of 52 faculty members including 16 Part Time Teachers. The current Student strength is 1056. The unit cost of Education in the college is Rs. 9178 per student.
The college has prepared its self-study report (SSR) and volunteered for assessment and accreditation by National assessment and accreditation Council (NAAC).
It has submitted the SSR to the NAAC in the month of November 2002. NAAC has constituted a peer team consisting of Professor Naresh L. Ved, vice-chancellor, Bhavnagar University, Bhavnagar, Gujarat as Chairperson and Professor S. K. Bhatia, Professor of English & Director, Academic Staff College, Guru Nanak Dev University, Amritsar, Punjab, Dr. Ajit Kr. Singhal, Principal, Govt. PG College, Rishikesh, Uttranchal as Members. Dr. G. Srinivas, Deputy Adviser, NAAC Coordinated the peer team visit. The peer team visited the college on 17th & 18th December 2003. The peer Team visited all the academic departments and available facilities in the College. The team also interacted with the College Management, Principal, Teaching Faculty, Staff, Students, Parents, Alumni & Senior Citizens associated with the College as per the methodology of NAAC.
The criterion wise report prepared by the peer team is detailed in the Section II.
Criterion Wise Analysis
Criterion 1 Curricular aspects
The College conducts B. A., B.Com. and B.Sc. Courses. The curriculum offered is as per the syllabus of M. D. University Rohtak. The College emphasizes on personality Development aspects. Assemblies of students are arranged to acquaint them with rules and regulations for maintaining discipline. In the curricular activities, debate, declamation, poetic recitation, folk dance and folk songs are included. These activities help the students to increase their capabilities along with the choice of their careers. The college is trying to introduce new PG courses to provide vertical mobility to the students. It has planned to introduce about 15 add on vocational courses sponsored by the UGC. The College has introduced B. Com. Vocational, Study Centre for MBA & MCA Course.
Criterion 2 Teaching, Learning and evaluation
The Academic faculty Comprises of 18 Ph.D. and one D. Lit. degree Holders. Assessment of Students, their academic strengths and weaknesses analysis is done through class tests and half-yearly examinations. Teaching days of the college are about 180. Participation of teachers in Seminar/Conferences/Workshops, need to be encouraged. The Students are admitted in the college on the basis of their academic records. Their knowledge and skills are accessed through class tests, house tests etc. The college is conducting extra classes to the students belonging to weaker sections. Teachers are encouraged to devise their own teaching plans. Teachers are appointed through the selection committee. The college appoints temporary/adhoc staff to meet the growing shortage of teaching staff. Some of the teachers had attended national and international Seminars. Two teachers have received teaching awards. The college monitors the overall performance of the students through several measures. The college has freedom and resources to appoint temporary/adhoc staff and temporary teachers are paid from the college fund. These teachers are also appointed through duly constituted selection committees. Five teachers have attended national level seminars and five teachers have attended international level seminars.
Criterion 3 Research Consultancy and Extension
Research and consultancy must be encouraged amongst the faculty members. More and more faculty members must be activated for research. The college is doing good extension activities. The aids awareness program must be encouraged for the benefits of students and the common people of the district.
The extension activities needs to be more intensified for the benefit of the society and permanent mechanism must be set up in the campus. 10% of teachers are currently engaged in active research. The college has designated a teacher for extension activities. Various extension activities of the college are Community Development, Social Work, Health and Hygiene awareness, environment awareness, NCC & NSS Activities.
A Teacher in Hindi Attended Annual Conference of 'VISHVA HINDI SAMMELAN' held at LONDON (U.K.). Another teacher is availing DAAD Fellowship in Germany. A teacher in Hindi holds D.Lit degree. The books written by a commerce teacher are very popular among students across the country.
Criterion 4 Infrastructure and Learning Resources
College is equipped with all essential infrastructure and science laboratories.
Through contribution from the management and grants from UGC, the college makes efforts to provide infrastructural facilities to keep pace with the academic growth. The college makes efforts to keep the campus clean and beautiful by plantation of trees and maintenance of lawns.
The college library functions through advisory committee. The library is open for six days in a week. It works for 9:00 am to 4:00 PM. Total No. of Books in the library are about 50,000 volumes.
The departments of Commerce, physics, Computer Science, PG study center and office are having their own computers.
Scholarships and awards, fee concession, admission preferences and all other facilities needed by the sports persons are given by the College.
The college provides the hostel facility for students in the hostels maintained by Vaish Educational Society.
Criterion 5 Students, Support and Progression
The drop out rate is 4.9% in the current year i.e. 2003-04.
The College publishes updated prospectus annually and it contains general information about the college admission process, rules and regulation, fee structure, academic calendar etc. The college conducts assemblies in the beginning of academic year to inform the students about various provisions, rules and regulations.
Several students received financial aid during the last two years under Merit scholarships, Merit-cum-Means scholarships student stipend category.
Teachers give academic and personal counseling to the students.
The College has an alumni association. Various recreational/leisure facilities available to students are: indoor games, outdoor games, nature clubs, debate clubs, student magazines, Cultural Programmes, Audio Video facilities, dance/Music Competitions and essay writing
Criterion 6 Organisation and management
The local management committee of Vaish College under Vaish education society manages overall affairs of the college. The college has formed various committees for overall functioning of the college. There are committees for sports, library, arts, commerce and science association, examination board, discipline, environment, canteen and fee concession committee etc. College has a grievance redressal cell. College has internal audit mechanism, office coordination committee. College has surplus budget except in the year 2002-2003 which is largely due to good expenditure made on infrastructure development. Various welfare programmes available are poor boys aid, fee concession, sports equipment, free books, scholarship and educational tours etc. Dress and wheat loans, marriage/housing loans, group insurance for teaching staff etc. are also being provided.
Criterion 7 Healthy Practices
Internal quality checks mechanism is adopted by conducting class tests, periodic tests and offering prize/incentives to meritorious students. MBA and MCA programs have been started through distance education. NCC and NSS Programmes are functioning very well in the college. The college is strengthening its regular academic programmes by introducing relevant course options from time to time. The college effectively made efforts to introduce 'Community orientation'.
After going through the SSR and visiting the Vaish College the peer team wishes to commend the institution of the following features:
The college has adopted itself with the changing times during the past fifty five years of its existence in providing multidisciplinary under graduation education
The College has planned to introduce postgraduate courses and 15 add on vocational courses from the next academic year.
Research and academic contributions of some of the teachers particularly in the departments of Hindi, Commerce, Physics, English, Chemistry, Political Science and Zoology are highly significant.
The college has adequate infrastructure facilities including good computer center to meet all the academic needs of teachers and students.
Most of the teachers are well qualified with research degrees
The college has recently introduced career guidance cell.
The NCC and NSS Divisions of the college are extremely doing well. A very good number of students are passing in B and C certificates.
The Environment club is actively functioning. It has recently planted of trees inside and outside the College campus.
The performance of the students in cultural activities is good. The college has impressive stadium and auditorium facilities.
The college has women's cell and earn while you learn schemes sponsored by Haryana State Govt. These schemes are functioning well in the college.
The college brings out its annual magazine Jyoti every year highlighting its activities and achievements.
Suggestions for further improvement
In order to enrich the teaching learning process, the college may enhance the use of interactive teaching aids such as Internet, case studies, simulations, projectors, Networking and other audio visual aids.
The College has well-qualified faculty. They have done good research work. However they need to continue their research activities. They are suggested to apply for minor and major research projects from UGC and the apex agencies. A research coordination committee with an active teacher as a coordinator may be constituted. The college should actively motivate and support the teachers to take up research work. Research projects will also bring in new books and equipments to enhance the academic facilities in the college. Active research by the teachers will also have spill over impact on the quality of teaching.
More emphasis may be given for student project works, field trips. The students may be made aware of latest developments in the respective disciplines.
The Career Guidance Cell, Grievances Redressal Cell needs to be further strengthened.
The college may make more efforts to utilize the services of their prominent alumni. The alumni association may be made as a registered body. Its services may be effectively utilised not only for infrastrucutural facilities but also for academic contributions.
The library needs modernization. It may take the assistance from INFLIBNET, Ahmedabad. More research journals and books to match with the current curriculum needs to be provided. The college may consider to enhance the book bank facilitates from the current two books to four books to students.
The approach road to the college needs improvement. It may not be probably in the domain of the college authorities but it may take it up with the concerned authorities of the local administration.
The laboratory infrastructure needs more effective utilisation. Since the college has good computer facilities it may consider to conduct computer proficiency programmes to all the staff and students. It may aim to make every staff and student of Vaish College computer literate. The college may make efforts to fill the vacant positions by masking efforts with the state government.
Teachers without research degrees are advised to utilize the teacher fellowship under faculty development Programme of UGC in tenth plan.
Internet facility may be developed extensively. The college may consider to provide Internet access to all teachers and students. The college may launch its web site and e-mail.
The college may develop vision document to cope with the changing times and needs of students and work towards it to retain its reputation as a good centre of learning.
The peer team thanks and acknowledges the cooperation and support given to it by the college management, principal, teachers, students and staff. The peer team appreciated the efforts of the principal. The steering committee coordinators and their colleagues towards the assessment & accreditation process. The peer team wishes that the college continue to make efforts to realize the dreams of Mahatma Gandhi in the area of imparting quality Higher education along with character building.
(Prof. Naresh L. Ved)
(Dr. S. K. Bhatia)
(Dr. Dr. Ajit Kr. Singhal)
(V. K. Jain)
Vaish College, Rohtak
Place: - ROHTAK, HARYANA
Date: - December 18, 2003
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