POHLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment and order of the High Court of Punjab and Haryana at Chandigarh disposing of two Criminal appeals namely, Criminal Appeal No. 290 DB of 1995 and Criminal Appeal No. 336 DB of 1996. Criminal Appeal No. 936 of 1999 in this Court is preferred by Pohlu, who was the appellant in Criminal Appeal No. 290DB of 1995, while Criminal Appeal No. 181 of 2002 is by Balwan Singh who was the appellant before the High Court in Criminal Appeal No. 336DB of 1996. They have been found guilty of the offence under Section 302/34 IPC for which they have been sentenced to undergo imprisonment for life and also to pay a fine of Rs.1000/- and in default to undergo six months rigorous imprisonment. They have also been found guilty of the offences under Sections 452 IPC and 323 IPC read with Section 34 IPC for which they have been sentenced to undergo three years rigorous imprisonment and six months rigorous imprisonment respectively, apart from payment of Rs. 500/- and RS. 2.00/- as fine.

(2.) AS many as five accused persons were put for trial before the Additional Sessions Judge, Jind in Sessions Trial Case No. 31 of 23-5-1995 charged variously of offences under Sections 302, 452, 323 read with Section 34 IPC. The Trial Court acquitted two of them namely, Raj Kumar and Prem Singh of all the charges levelled against them. The appellants before us were convicted by the Sessions Court which conviction has been affirmed by the High Court, as earlier noticed. The remaining accused namely, Ishwar Singh, who was also convicted, preferred a special leave petition before this Court which was dismissed, while the appellants before us only were granted special leave to appeal.

(3.) IT appears that the report was made to the investigating officer PW 11 when he came to the hospital on receipt of a ruqa from the medical officer. IT also appears that 15 minutes later PW 11 recorded a supplementary statement of the informant under Section 161 Cr. P. C. in which the informant stated that when she had given her initial report she was perplexed and had forgotten to mention the name of Prem Singh who had also accompanied the named accused and caused injuries to her and her son Dharamvir after entering her house.