JAIPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals arise out of the common judgment of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 297-DB of 1994 and Criminal Appeal No. 483-DB of 1994 passed on April 30, 1997.

(2.) The appellant in the first-mentioned appeal was accused No. 1 and the appellants in the second-mentioned appeal were accused Nos. 2 and 3 respectively in Sessions Case No. 22 of 1993. They were charged and tried for offences under Sections 302/34 and 323/34 of the Indian Penal Code for inflicting injuries and for committing murder of one Meher Chand on September 05, 1992 at about 10.15 p.m. Learned Sessions Judge, Ambala, convicted and sentenced them to life imprisonment and fine of Rs. 500/- (in default of payment of fine they have to suffer further imprisonment of two years each) under Section 302/34; they were also convicted and sentenced to one year rigorous imprisonment under Section 323/34, I.P.C. The sentences were to run concurrently. On appeal, their conviction and sentences were confirmed by the High Court of Punjab and Haryana at Chandigarh by the impugned judgment, aforementioned.

(3.) The gravamen of the charge against them is that while Mehar Chand and his son Jagdish Lal alias Jagga (PW-5), residents of Village Matheri Shekhan, were returning to their house in the night of September 05,1992 at about 10.15 p.m. When they were near the house of Pritam Khatri they were accosted by Jaipal (A-1), Hazara Singh (A-2) and Ranbir Singh alias Kaka (A-3), residents of Village Matheri Shekhan. A-I was armed with gandasi (P-1), A-2 and A-3 were having lathi (P-2) and (P-3). A-1 gave a lalkara that Jagdish alias Jagga (PW-5) and his father Meher Chand should not be allowed to go alive and that they should be taught a lesson for instituting criminal case against them. A-1 gave a gandasi blow to Mehar Chand on his head. A-1's second blow was warded off by Mehar Chand with his hand resulting in cutting of his finger. A-2 and A-3 gave three lathi blows and two lathi blows respectively on the forehead, nose and face of Mehar Chand. Jagdish alias Jagga (PW-5 raised an alarm saying "mar dia, mar dia." On hearing the raula, Sudhir Kumar (PW-6) and Jarnail Singh reached there. It is also the case of the prosecution that A-2 and A-3 gave lathi blow to Jaggish alias Jagga (PW-5) on his head, left leg, left arm and waist. When Sudhir Kumar (PW-6) intervened, he was given a lathi blow on his head by A-3. Both Jagdish alias Jagga (PW-5) and Meher Chand had also given three/four danda blows to all the accused and thereafter the accused ran away along with their weapons. Mehar Chand was brought to Chaurmastpur Hospital in the vehicle of PW-6 but due to non-availability of doctor there, he was taken to Civil Hospital, Ambala City where he reached at about 3.00 a.m. Dr. N.P. Jindal, Medical Officer, Civil Hospital, Ambala City (PW-1) examined Mehar Chand and found seven injuries on his body; on examining Sudhir Kumar, PW-6, it was noticed that he suffered one injury, and on examining Jagdish alias Jagga (Para 5) three injuries were found on his body. Even before Mehar Chand reached Ambala hospital, A-1, A-2 and A-3 were found admitted in the same hospital. On September 6, 1992 at about 6.00/7.00 a.m. Meher Chand succumbed to his injuries in the hospital. The matter was reported to S.I. Mam Chand, SHO, PS Nagal (PW-7) in Civil Hospital, Ambala City, on September 06, 1992 at 11 a.m. The SHO (PW-7) recorded the statement of Jagdish alias Jagga (PW-5) and registered a case against the said three accused under Sections 302 and 323 read with 34, I.P.C. During investigation gandasi (P-1), lathis (P-2) and (P-3) were recovered from A-1, A-2 and A-3 respectively. The reports of the Director, Forensic Science Laboratory (Ex. PY and Ex. PY-1), disclosed that blood was found on gandasi (P-1) and lathi (P-2) recovered from A-1 and A-2 respectively but no blood was found on lathi (P-3) recovered from A-3, Dr. R.K. Patnaik, (PW-2), Medical Officer of the same hospital conducted autopsy on the dead body of Meher Chand (hereinafter referred to as 'the deceased').