JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - The facts leading to the criminal appeal are shortly as follows:-

(2.) P.W. l, the Medical Officer, examined Gurbachan Singh at about 11.15 p.m. He found four serious injuries on the person of the deceased. He was of the opinion that the three injuries could have been caused by a blunt weapon excepting the superficial skin deep incised wound on the right hand below wrist joint which could have been caused by a sharp edged weapon.

(3.) The defence was one of the denial. The learned Sessions Judge of Gurgaon vide judgment dated 23-4-1977 convicted all these accused Han Singh u/S. 302 while Joginder, Dara Singh and Bir Singh u/S. 302 read with 34 and accordingly sentenced them to undergo imprisonment for life. Further they were also charged for offence u/S. 324 read with S. 34 and were sentenced to undergo rigorous imprisonment for 6 months and for offence u/S. 323 read with 34, they were sentenced to undergo R.I. for two months. All these sentences were to run concurrently. Appeals were preferred on behalf of all the accused. The High Court in C. A. No. 708 of 1977 confirmed the conviction and sentence of Han Singh, Joginder Singh, Dara Singh while Daljit Singh (alias Bir Singh) was given the benefit of doubt. Accordingly, the appeal was allowed. A Special Leave Petition was preferred on behalf of all the three accused, namely, Han Singh, Joginder Singh and Dara Singh. This Court by order dated 6-3-1988 directed issue of notice in the case of Joginder Singh with regard to the nature of offence :and sentence. The special leave petition in respect of others was dismissed. Therefore, presently, we are concerned with the case relating to Joginder Singh.