GURCHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Five accused were tried for offences under Ss. 148, 302/149, 324/149, 323/149 and 455/149, Indian Penal Code in respect of an attack on one Hari Kishan which resulted in his death, Gurucharan Singh, A-1 and Ram Singh, A-2 are brothers. They are the owners of a rubber factory at Faridabad known as "Sandeep Rubber Factory" while Bhagwani, A-3 and Surinder Kumar, A-4 are the employees in that factory, A-5 Sucha Singh is said to be a friend of A-1 and A-2. About two months prior to the incident, the deceased who is a resident of Jullundur started a similar rubber Factory at Faridabad where Chappal straps were being manufactured under the name and style of "Hari Rubber Factory." This factory was started in a portion of the premises belonging to Notan Das D. W. 5, A similar rubber factory was owned by Kewal Krishan P. W. 5 and Swarup Singh. Between the factory of Hari Kishan and that of Kewal Kishan, there was a common wall with a window through which one could go from one factory to the other.

(2.) The case of prosecution is that Hari Kishan started under selling his goods which caused annoyance to Gurcharan Singh and Ram Singh. On the 22nd of March, 1968, at about 10-45 P. M. when Hari Kishan sat down to have his meals Hari Ram a servant of the factory was with him, while Kewal Krishan was standing near the partition wall of his factory talking to the deceased through the window. At that time the five accused rushed into the factory where the deceased was and attacked him. A-1 Gurcharan Singh A-2 Ram Singh and A-4 Surinder Gumar had knives. Sucha Singh A-5 had a kassi (phawda) and Bhagwani A.3 had a hockey stick. A-1 Gurcharan was the first to give a knife blow in the back of Hari Kishan saying that he was going to teach him a lesson for underselling the rubber goods. After this all appellants attacked the deceased with their respective weapons and continued beating him even after he had fallen on the ground. The brother-in-law the deceased and Lal Chand P. W. 7 who were present there tried to intervene but Lal Chand was given knife blows by Ram Singh while Bhagwani gave hockey blows to Keval Krishan P. W. 5. Hari Ram also intervened and started shouting when Bhagwani gave Kewal Krishan one or two hockey stick blows. Kewal Krishan began to shout and this attracted Swarup Singh P. W. 6. Thereafter, the appellants made good their escape along with their weapons. Hari Kishan and Lal Chand both were immediately removed in the car of Harbhajan Singh to B. K. Hospital, Faridabad, where they were admitted at 10.45 P. M. The deceased was removed the next day to Safdarjang Hospital where he died on the 2nd of April, 1968. When the deceased was admitted to the Faridabad Hospital. Gorakh Nath, Assistant Sub-Inspector, Police P. W. 17 was present there in connection with some other case but being informed by the hospital authorities that deceased and Lal Chand were injured he wanted to record their statements but the Doctor certified that they were not in a position to make any statements. The Sub-Inspector, however recorded the statement of Kewal Krishan P. W. 5 who had accompanied the injured to the hospital. It may be stated that Hari Ram, the servant of the deceased, was given up by the prosecution and was not examined at the trial because it was alleged that he was won over by the accused.

(3.) The Sessions Judge after considering the evidence of the prosecution and defence convicted all the five accused who were held to have formed themselves into an unlawful assembly with the common object of only causing grievous injuries to the deceased in view of this finding, he acquitted all of them under Sections 302/149 I. P. C. and convicted them under Sections 148, 326/149, 324/149, 323/149 and 455/149 I. P. C. On these respective counts, he sentenced all of them to rigorous imprisonment to one year, five years and on the remaining three to one year each. The State appealed against the acquittal under Sections 302/149. The accused also appealed to the High Court while Smt. Pushpa Ram the widow of the deceased filed a revision petition for enhancement of the sentence awarded to the accused under Sections 326/149, I. P. C. from five years rigorous imprisonment to imprisonment for life. The High Court allowed the State appeal set aside the acquittal of the appellants under the charges of murder and convicted them under Section 302 read with 149 I. P. C. for having committed the murder of Hari Kishan in the prosecution of their common object as members of the unlawful assembly. Each of the accused was sentenced to imprisonment for life under this count and a fine of Rs. 500/-, in default of payment whereof they were directed to undergo a further rigorous imprisonment for six months. Out of the fine when realised. Rs. 2000/- was to be paid to the widow of the deceased by way of compensation. The criminal appeals filed by the accused as well as the petition filed by Smt. Pushpa Ram were dismissed. The accused filed Special Leave Petition but this Court granted Leave to appeal limited only to the question as to whether the High Court was justified in allowing the appeal and convicting the appellant under Section 302 read with 149.