KASTURI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by Kasturi Lal accused arises from the judgment of the High Court of Punjab and Haryana dated April 7, 1971, upholding his conviction for various offences, including the offence of committing the murder of Sardari Lal for which he has been sentenced to imprisonment for life and a fine of Rs. 500/- under Section 302 read with Section 149, I.P.C. There was six other accused in the case including Khazan Singh and Gurdial Singh,, but both of them were acquitted by the Sessions Judge of Karnal by his judgment dated December 19, 1970, whereas the appellant and the other accused were convicted for various offences of imprisonment. Four appeals were filed in the High Court including an appeal by the present appellant Kasturi Lal and on appeal by the State of Haryana against the acquittal of Khazan Singh and Gurdial Singh. The High Court dismissed all the four appeals and the present appeal of Kasturi Lal has come up for consideration by special leave.

(2.) A report of the incident in this case was lodged by Girdhari Lal (P.W.4), brother of Sardari Lal deceased, at police station Ladwa, on December 25, 1967, at 5.15 p.m. It was stated in the report that Girdhari Lal's brothers Sardari Lal (deceased) and Madan Lal (P.W.5), who were residents of Ghallaur, left for Ladwa in the morning of December 25, 1967, as the Tehsildar had summoned them in connection with Idgah-wali land, Girdhari Lal followed them at a distance of 2/3 'Killas' along with Sardari Lal's wife Smt. Ram Piari (P.W.7), Charan Singh and Subhash. When Sardari Lal and Madan Lal reached a sugarcane field on the way, in the area of village Mehra, at about 10 or 11 a.m., they shouted "Mar Diya, Mar diya." Girdhari Lal and others who were accompanying him ran and reached there and saw that appellant Kasturi Lal, Khazan Singh and Gurdial Singh were "belabouring" Sardari Lal with 'Kulhar'. Ajit Singh, Pooran Singh and Gurmukh Singh were "belabouring Madan Lal with 'lathis' and Mangal Singh with a spear. It was further alleged that when Girdhari Lal reached there along with Smt. Ram Piari, Subhash and Charan Singh, accused Ajit Singh, Mangal Singh, Pooran Singh and Gurmukh Singh left Madan lal and started beating him. Mangal Singh gave a spear blow on his right leg, Ajit Singh a lathi blow on his head and Pooran Singh and Gurmukh Singh inflicted injuries with 'lathis' on his arms and chest. Sardari Lal and Madan Lal fell down on account of their injuries, and Girdhari Lal ran towards village Mehra. He narrated the incident there to Sarpanch Ram Kishan (P.W. 10) and asked him to save him. After some time, Smt.Ram Piari (P. W. 7), Charan Singh and Subhash brought Sardari Lal and Madan Lal to village Mehra in a bullock cart. Girdhari Lal joined them on their way to civil hospital Ladra. Sardari Lal succumbed to his injuries on the way near dera Dhansura. The Medical Officer declared that Sardari Lal had died, and he examined the injuries of Madan Lal. On this report of Girdhari Lal, the police registered the case and started investigation resulting in the conviction of Kastur Lal, Ajit Singh, Gurmukh Singh, Pooran Singh and Mangal Singh, and the acquittal of Khazan Singh and Gurdial Singh, as stated above.

(3.) The High Court examined the appeal, which had been filed by the State against the acquittal of Khazan Singh and Gurdial Singh, but dismissed it as aforesaid. In doing so, it took note of the fact that there were only two incised injuries on the person of Sardari Lal, and one on the person of Girdhari Lal, while the allegation was that Khazan Singh, Gurdial Singh and appellant Kasturi Lal were armed with axes and Mangal Singh with a spear and all of them beat Sardari Lal and Girdhari Lal with axes and spear. The High Court however distinguished the case of Khazan Singh and Gurdial Singh from the case of appellant Kasturi Lal as follows: