HAWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants were tried for the murder of Jang Singh and Ram Sarup by the Designated Court, Bhiwani at Hissar. Hawa Singh was convicted under Sections 148, 302, 307 and 323/149, Indian Penal Code (IPC). He was further convicted under Section 27 Arms Act read with Section 6(1) of the Terrorists and Disruptive Activities (Prevention) Act, 1985. He was sentenced to life imprisonment and other sentences on different counts. Uday Singh was convicted under Section 302 read with Section 149, IPC and was sentenced to imprisonment for life and a fine of Rs. 1,000/- with usual default clause. He was also convicted under Sections 307/149 and 323/149, IPC. Rai Singh was convicted under Sections 302/149, 307/149 and 323/149, IPC and was sentenced to life imprisonment. Ram Kumar was convicted under Sections 302/149, 307/149 and 323, IPC. He was sentenced to life imprisonment. Pala was convicted under Sections 302/149, 307/149 and 323, IPC. He was also sentenced to imprisonment for life. This appeal by the appellants is under Section 19 of the Terrorists and Disruptive Activities (Prevention) Act, 1985.

(2.) According to the prosecution story Balraj along with his wife and brother Sat Narain were returning from their fields on September 9, 1986 at about sun-set. As they reached near the house of Pala, appellant Ram Kumar armed with an axe and Pala with a lathi came running towards Balraj and Sat Narain wielding their weapons. Both the brothers tried to run away but in the process appellant Ram Kumar gave an axe blow on the head of Balraj and Pala gave a lathi blow on his back. They raised an alarm which attracted Jang Singh deceased, who was going ahead in the street. Jang Singh turned back when appellant Hawa Singh fired gun shot while standing on the roof of his house which hit Jang Singh. In the meantime Ram Sarup and Inder came in the street. Hawa Singh fired another shot which hit Ram Sarup and some of the pellets also hit Inder Singh. Appellant Uday Singh was handing over the cartridges to Hawa Singh who was firing the gun. Hawa Singh fired three more shots to scare those who were present at the spot. When Balraj and Sat Narain tried to run towards their house they found appellant Rai Singh blocking the street with a gandasa in his hand. After receiving the gun shot Jang Singh walked few steps and finally fell in the street. Jang Singh and Ram Sarup succumbed to the gun shot injuries.

(3.) The prosecution primarily relied on the eye-witness testimony of Balraj PW 11, Inder PW 12 and Sat Narain PW 13.