LACHMAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals have been filed by Lachman Singh, Dev Singh and Randhir Singh (accused numbers 1, 2 and 3 respectively) who faced trial for alleged commission of offences punishable under Sections 302 read with Section 34 of the Indian Penal Code, 1860 (in short IPC). Accordingly, Dev Singh was tried for alleged commission of offence punishable under Section 307 IPC, while other two were charged for alleged commission of offence punishable under Section 307 read with Section 34 IPC. While accused Lachman Singh was convicted for offence punishable under Section 302 IPC and was sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- with default stipulation, Dev Singh and Randhir Singh were convicted under Section 302 read with Section 34 IPC. Similarly, accused Dev Singh was found guilty for offence punishable under Section 307 IPC while other accused Lachman Singh and Randhir Singh were convicted for offence punishable under Section 307 read with Section 34 IPC and they were sentenced to undergo 5 years RI and to pay a fine of Rs. 500/- each with default stipulation, as was the case with accused Dev Singh. The conviction as recorded and sentenced as imposed were challenged in Crl. Appeal No. 206-DB of 1996 before the Punjab and Haryana High Court. The Division Bench of the High Court dismissed the appeal.

(2.) Flittering unnecessary details, the prosecution version as unfolded during trial is as follows: On 3-3-1994 at 11.40 p.m. Jai Singh (PW-5) made statement (Exhibit PA) before ASI Raj Kumar (PW-21) in Civil Hospital, Shahabad to the effect that he was a resident of village Charunni Jattan and was doing cultivation. Rain water of the residential Chobara of accused Dev Singh flows to the roof of the kitchen of Pritam Singh and they wanted to use the water for bathing on the roof of the kitchen of Pritam Singh by making a hole inside their Chobara. Pritam Singh did not allow the flow of water through the roof of the kitchen. When Pritam Singh and his family members tried to construct a room on the roof of the kitchen, accused Dev Singh used to restrain them from constructing a room on the roof of their kitchen by obtaining stay order from the Civil Court against Pritam Singh and others. Previously also there was an altercation between Dev Singh and Pritam Singh on the issue of flow of water, but the well-wishers got the matter settled. It was alleged that on the fateful day i.e. on 3-3-1994 at about 8.30 a.m. he (Jai Singh) had gone to the house of Surmukh Singh, neighbour of Pritam Singh for some personal work. When he was having a talk with the son of Surmukh Singh while standing on the roof, he noticed that there was exchange of abuses between accused Lachman Singh and Randhir Singh, who were standing on the roof of their house on one hand, and Naib Singh (hereinafter referred to as the deceased), Jaswant Singh, Angrez Singh and Vikram Singh, who were standing on the roof of their kitchen on the other hand, over the issue of flow of water. It was alleged that accused Dev Singh was challenging that they would pass the flow of water from there in any case. Accused Dev Singh got infuriated and all of a sudden asked his son Lachman Singh to bring revolver from inside as the other side members were always harassing them. It was alleged that thereupon accused Lachman Singh brought a revolver from inside and thereafter, accused Dev Singh stated "shoot them", whereupon accused Lachman Singh fired and the shot hit the deceased, and on receipt of the said shot deceased fell down. Thereafter, accused Dev Singh took revolver from accused Lachman Singh and started firing shots, which, hit Jaswant Singh and Angrez Singh who were injured. Accused Randhir Singh exhorted that they had harassed them a lot and that nobody should be allowed to go scot free and thereupon he started pelting brick bats after picking the same from the roof. Vikram Singh (PW-7), who had escaped from the shots by taking shelter of a wall, jumped down from the roof out of fear. Jai Singh and Balbir Singh gave a Lalkara as to why they were killing innocent persons and they also reached the spot to rescue the injured and on seeing them coming, all the three accused persons fled away from the roof of their house together with the revolver. After arranging a vehicle, he (Jai Singh) brought Jaswant Singh, Naib Singh and Angrez Singh, who had received fire arm injuries, to Civil Hospital, Shahabad for their treatment and the Doctor referred Angrez Singh and Jaswant Singh to PGI, Chandigarh, while Naib Singh was declared dead on account of the fire arm injury received by him on his waist. ASI Raj Kumar (PW-21), after recording statement (Exhibit PA) made by Jai Singh (PW-5) before him, sent the same to the Police Station with his endorsement (Exhibit PA/1) on the basis of which formal FIR relating to alleged commission of offences under Sections 302/307/34 IPC and Section 27 of the Arms Act, 1959 (in short Arms Act) was registered in Police Station Shahabad at 11.50 p.m. on 3-3-1994 and the special report was sent to the Judicial Magistrate at Kurukshetra who received it at 3.45 p.m. on the same day i.e. 3-3-1994.

(3.) ASI Raj Kumar (PW-21) had recorded the aforesaid statement Exhibit PA of Jai Singh (PW-5). He had gone to Civil Hospital, Shahabad on receipt of ruqa Exhibit PF from the Civil Hospital at 10.20 a.m. regarding the arrival of two seriously injured persons, namely, Jaswant Singh and Angrez Singh, who were referred to PGI, Chandigarh, while Naib Singh was brought dead. On reaching the hospital, Jai Singh, Balbir Singh and Wazir Singh met ASI Raj Kumar (PW-21) near the dead body of Naib Singh and it was thereupon that ASI Raj Kumar (PW-21) recorded the statement (Exhibit PA) of Jai Singh (PW-5) and thereafter had sent the same to the Police Station with his endorsement Exhibit PA/1 and afterward, as noted above, the formal FIR was recorded in Police Station, Shahabad.