CHATAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two appellants in this appeal filed under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 were acquitted by the Sessions Judge of Hissar but have been convicted by the High Court of Punjab and Haryana for causing the murder of one Amar Singh and for attempting to murder Darya Singh, P.W. 5 and Balbir Singh, P.W. 6. Each of the appellants has been sentenced to undergo imprisonment for life for the charge under Section 302 of the Indian Penal Code; in the case of appellant Chatar Singh with the aid of Section 34. Each has been given a concurrent sentence of 5 year's rigorous imprisonment for the attempted murder under Section 307, in the case of Dayanand read with Section 34.

(2.) The facts lie in a narrow compass. The Sessions Judge gave several reasons in support of his finding that the appellant's guilt and complicity in the occurrence were not proved beyond doubt. Keeping in view the well-established principles of law to justify the High Court's interference with an order of acquittal the High Court has discussed and referred to almost all the reasons given by the Trial Court and finding its judgment unsustainable it has upset it by giving cogent and good reasons. We think the High Court was right in reversing the order of acquittal. Some of the reasons given by the learned Sessions Judge were too flimsy and insignificant and the High Court has rightly brushed them aside. It has found the others not good enough for a reasonably possible view of acquittal. Only some on which great stress was laid by counsel for the appellants in this Court will be briefly referred to by us in this judgment.

(3.) The appellants are sons of one Darya Singh. At the time of the occurrence they were in their twenties. One Ramanand and one Bharat Singh are also their brothers. The prosecution case is that there were several disputes, quarrels and litigations between the family of Darya Singh, P.W. 5 and Darya Singh - father of the appellants. There were election disputes for the office of the Sarpanch which was held by P.W. Darya Singh. There was previously an assault case. There were proceedings and counter-proceedings under Section 107 of the Code of Criminal Procedure. 10 or 12 days before the occurrence in question, an Alsatian dog of Chanderman was killed allegedly by appellant Chatar Singh and his brother Bharat Singh. Chanderman was a collateral of P.W. Darya Singh. A complaint was made to the police and the accused party thought that page No. W. Darya Singh was at the back of this case. Regarding the bad blood and the enmity between the two families, there is no substantial difference or dispute between the findings recorded by the two courts below.