DINESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) One Balbir Singh and his two sons Dinesh and Dayanand, were tried on charges under S. 302 read with S. 34, I.P.C. The accused-Balbir Singh expired during the pendency of the trial in the Sessions Court. Accused-Dinesh and Dayanand were found guilty by the trial Court of the offence charged and each was sentenced to undergo imprisonment for life and a fine of Rs. 1000/- and in default of payment thereof to undergo further imprisonment for a period of two months. The two accused preferred an appeal before the High Court which has been dismissed. Both the accused persons have filed this appeal by special leave feeling aggrieved by their conviction and sentence awarded by the trial Court and maintained by the High Court.

(2.) The appellants are residents of village known as Choki No. 1, Santra Devi, the victim who died in the occurrence, was the wife of Beer Singh. Rajbir P.W. 8 who lodged the FIR of the offence is her son. He was aged about 16 years at the time of the incident. The prosecution case as set out in the FIR is that on 13-10-1993 Rajbir saw buffalo of late Balbir destroying crops in his field. Some altercation or verbal exchange appears to have taken place at that point of time between Rajbir and accused-Dinesh. Dinesh dealt a blow on Rajbir with the chain which is used for tying buffalo. Thereafter both of them left the field. Rajbir went to his home and complained to his mother Santra Devi. At about 5.00 or 5.30 p.m. Rajbir accompanied by his mother was going to his field. On way, when they were crossing the plot of one Ram Mohan, all the three accused persons came there. Balbir was armed with Farsa. Dinesh and Dayanand were armed with Ballams. They were hurling abuses. They opened an assault on Santra Devi. Rajbir raised an alarm which attracted Jagdish, his maternal uncle and Ram Narain. On seeing them, the three accused persons; fled away. Santra Devi fell down having sustained 4 or 5 serious injuries on her head. She was immediately taken to a hospital at Rewari. Santra Devi was unconscious.

(3.) The doctor at Rewari Hospital, looking to the serious condition of injured Santra Devi, referred her to Safdarjang Hospital, Delhi where she was admitted indoors sometime in the night. It appears that family members of Santra Devi were busy looking after her as her condition was serious and, therefore, they could not afford to go to Police Station for lodging FIR. However, Laxmi Singh, ASI of P. S. Jatusana met Rajbir at the bus stop of village Palhawas. The ASI was there investigating some other offence of theft and house-breaking relating to his Police Station. He recorded the statement of Rajbir which was forwarded to the Police Station and registered as First Information Report of the incident. Santra Devi died sometime in the evening of 14-10-1993. Her statement could not be recorded as she remained unconscious. On 15-10-1993 post-mortem on her dead body was performed by Dr. Arvind Thergbonkar, P.W. 1 who found Santra Devi to have sustained the following injuries on her person :-