KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeals Nos. 238/85, 522/84, 660/84, 10/85 and 133/85 whereby the High Court partly allowed the appeals of the respondents and converted the conviction of the appellants who are sentenced under Section 302 read with Section 149, Indian Penal Code to one under Section 304, Part-II read with Section 149 Indian Penal Code

(2.) TWELVE persons were tried for an incident which had occurred on 7-7-1982 near Dharmashala of Village Baragudha at about 10 pm. According to the F.I.R. which was lodged by one Munshi Singh P.W. 11, Sukhdev Singh, one of the appellants in these appeals who in the company with some other appellants went to the lane of Harijans in the said village and fired some shots in the air. Acordingly, Munshi Singh P.W. 11 along with Jagga Singh deceased, Teja Singh, Balkishan, Prem Singh and Choota Singh P.W. 12 set out for the Police Station Baragudha for reporting this matter. When they reached near the Dharmashala of the Village it is alleged that they were confronted by Sukhdev Singh and Pritam Singh who were armed with a gun each, Major Singh, Mohinder Singh, Gurtaj Singh son of Narain Singh Munshi Singh and Naiba Singh appellants all armed with a gandasa each and Kaka Singh who was armed with a lathi. The appellants raised a shout that the harijans be suitably dealt with because they did not listen to others. Thereupon it is alleged that Sukhdev Singh gave a blow with the but of his gun on the head of Munshi Singh P.W. 11 Gurtej Singh son of Pritam Singh gave a gandasa blow on the right side of Munshi Singh's hand while his left hand received a blow by a gandasa which was inflicted by Zora Singh. Gurtej Singh son of Pritam Singh also gave a gandasa blow from the reverse side on his right knee and another blow on right shoulder and on the back of Munshi Singh, Kaka Singh also gave a lathi blow on Munshi Singh's fingers. The appellants are also alleged to have caused injuries to Jagga deceased, Prem Singh, Bal Kishan and Teja Singh. The victims raised an alarm and thereupon the appeallants, along with their respective weapons, went away from the place of occurrence.

(3.) AS the injuries on Jagga Singh and Prem Singh were found to be more serious they were feferred to the Civil Hospital at Sirsa. Dr. J. L. Bhutani P.W. 2 medically examined Jagga decesaed at 3.35 a.m. on 8-7-1982 and noticed 7 injuries which were as follows: