SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment of the Punjab & Haryana High Court confirming the conviction of the appellant under Section 392 read with Section 397 IPC and the sentence of rigorous imprisonment for a period of 7 years and under section 302 read with Section 34 IPC, imprisonment for life and a fine of Rs. 10,000/-, in default of payment of fine to undergo further two years rigorous imprisonment. Both the sentences were directed to run concurrently. The appellant was charged with the offences for having robbed tractor and caused the death of Raghbir Singh-deceased.

(3.) The prosecution story, briefly stated, is that on 9.10.1991 Raghbir Singh(deceased) along with Mane Ram (PW-8) after collecting 'Barma' (an instrument for drawing out water) from Nand Lal (PW-5) resident of village Kailana left for their village- Mandi at about 12 noon on a Swaraj make tractor. On the way when they reached at village Pugthala they purchased half bottle of liquor from a liquor vend. Raghbir Singh (deceased) purchased a nip of liquor separately and carried it with him. Subhash (appellant- accused) along with son of Basu Sardar and Jai Kumar met Raghbir Sing (deceased) and Mane Rame (PW -8) near the village Chamrara. Son of Basu Sardar took the nip of liquor from Raghbir Singh (deceased) and consumed the same. Thereafter all accused persons went to the house of son of Basu Sardar and again consumed illicit liquor. After consuming illicit liquor they came back at the place where they had met Mane Ram (PW-8) and Raghbir Singh (deceased). An altercation took place among son of Basu Sardar, Subash (appellant-accused) and Jai Kumar wherein the son of Basu Sardar inflicted injury upon the head of Subhash (appellant-accused) and fled away. Subhash (appellant-accused) was brought to the village Pugthala in order to get his wound dressed up from a doctor on the tractor of Amar Singh being driven by Joginer Singh (accused). Thereafter Joginder (accused) took the tractor towards village Bajana on the bank of canal. When they reached near the bridge of canal in the village Kasandi Joginder accused stopped the tractor on which the accused persons started robbing of money from the pocket of Raghbir Singh (deceased). It was about 8.00 P.M. Enraged by the intervention of Mane Ram (PW-8) all the accused persons caught hold of Mane Ram and pressed his neck and threw him into the canal. Thereafter accused persons caught hold of Raghbir Singh (deceased) by his legs and also threw him into the same canal. Raghbir Singh (deceased) tried to catch hold of the grass grown on the bank of the canal. Jai Kumar (accused) and Joginder Singh (accused) gave leg blows on the face of Raghbir Singh and again thrown into the water and he did not come out of the canal. Mane Ram (PW-8) knew swimming and came out of the canal after having covered a distance of three acres and narrated the incident to Jai Singh a resident of village Kasandi. Thereafter, Mane Ram (PW-8) along with Jai Singh searched for Raghbir Singh (deceased) and the tractor belonging to Amar Singh (PW- 6) but they could not find them. Then Mane Ram (PW-8) and Jai Singh went to village Mandi. It was about mid-night. They narrated the occurrence to father of Raghbir Singh (deceased). They went to the city police station, Gohana. Police party along with Mane Ram (PW-8) and Jai Singh reached at the place of occurrence at about 10.00 A.M on 10.10.1991 and recorded the statement of Mane Ram (PW-8). Based on the statement of Mane Ram (PW-8) the Police Station Gohana issued first information report and registered a P.S. Case No. 259 on 10.10.1991 under Section 392 read with Section 397 and 302 read with Section 34 IPC against the appellant.