SATBIR STATE OF HARYANA Vs. SURATSINGH:SURAT SINGH

JUDGEMENT

(1.) These appeals stem from an incident that took place in the morning of June 20, 1984 in village Misri, under the jurisdiction of Police Station Bondkalan, in the District of Bhiwani, in which three residents of the village, namely Prabha, his son Bir Singh alias Mir Singh and Suraj Bhan, one of their distant relations, were killed. Over the incident a case was registered by the police on a report lodged by Satbir Singh a resident of the same village, and on completion of investigation police submitted charge - sheet against thirteen persons. As one of them was a child his case was separated for trial by the Childrens Court and the other twelve were arraigned before the Sessions Judge, Bhiwani pursuant to an order of commitment made under Section 209 Cr. P. C. Against nine of them, namely, Surat Singh, Balwant Singh, Dola Ram, Subh Ram, Udey Ram, Suresh Kumar, Chhajju Ram, Smt. Chameli and Smt. Giarsi, charges under Sections 148 and 302/149 IPC were framed. Against Surat Singh and two others, namely, Ran Singh and Bishambhar a charge of criminal conspiracy to commit the three murders was framed. The remaining accused, namely, Dr. Satyavart Arya, the then doctor in charge of the local primary health centre, was asked to answer charges under Sections 193, 218 and 466 IPC, which were based on the allegations that to make out a defence of alibi in favour of Surat Singh he made false documents to show that he (Surat Singh) was a patient in the health centre between the period from June 19 to June 21, 1984. The trial ended with an order of conviction and sentence recorded against them in respect of all the charges frames. While six of the nine accused persons convicted under Sections 302/149 IPC were sentenced to suffer imprisonment for life, the other three, namely, Surat Singh, Balwant Singh and Dola Ram were sentenced to death. For the other convictions different terms of imprisonment and fine were imposed upon them.

(2.) Aggrieved thereby they preferred appeals in the High Court which were heard along with the reference made by the trial Judge under Section 366 Cr. P. C. for confirmation of the sentence of death. By a common judgment the High Court allowed all the appeals, set aside the order of conviction and sentence recorded against the twelve accused persons and rejected the reference. The above judgment of the High Court is under challenge in these appeals:one of which has been filed by Satbir, who lodged the FIR and the others by the State of Haryana. During the pendency of these appeals Dr. Satyavart Arya died and therefore the appeals as against him abate. All the appeals have been heard together and this judgment will dispose of them.

(3.) Briefly stated, the prosecution case is that land bearing Killa No. 31/17 in village Misri belonged to Partap, son of Prabhu (the deceased). After death of Pratap, his widow Surjit sold it to accused Surat Singh, Balwant Singh and Dola Ram, who are all sons of accused Chhajju Ram. The possession, however, remained with Prabhu and he used to cultivate it. In the early morning of the fateful day Prabhu along with Bir Singh and Suraj Bhan went to plough the aforesaid land; and at or about 8 a. m. Raj Kumari (PW - 10), grand - daughter of Prabhu, came to the field with meals for them. Soon after her arrival, Surat Singh armed with a jelli, Balwant Singh with a Farsa, Dola Ram with a Kulhari and Krishan, Subh Ram, Udey Ram, Suresh Kumar and Chhajju Ram with lathis came to the field along with accused Smt. Chameli and Smt. Giarsi. While Chameli was carrying a bag containing red chilli powder and stones Giarsi was having some stones in her hands. Reaching there Surat Singh, raised a Lalkara that they would exterminate Prabhu and his companions as they were ploughing the land purchased by them. To this Prabhu retorted that it was his ancestral land and he was in its possession for long. Hearing this Smt. Chameli took out stones and chilli powder from her bag and started throwing the same towards the three deceased. Smt. Giarsi also threw stones which she was carrying in her hands. All the other accused persons then started beating the three deceased with their respective weapons as a result of which they fell down. Finding Satbir (PW - 7) and Harbilas (PW - 9) of their village, who had by then reached there while in search of the missing buffalo of the latter, and Raj Kumari (PW -10) present there, the above accused persons asked them to leave the place; and out of fear they took shelter behind a cluster of bushes nearby wherefrom they saw that they were still beating the three deceased. Soon thereafter the appellants fled away along with their weapons. After they had gone, the above three witnesses returned to the place of occurrence and found that all the three victims had succumbed to their injuries. Harbilas (PW - 9) then went to their village abadi and informed the Chowkidar who came to the spot. After deputing the Chowkidar to guard the dead bodies, Satbir proceeded to the Police Station to lodge a report. On the way he met ASI Dalip Singh (PW - 24) at the bus stand and reported the incident. Dalip Singh recorded his statement (Ext. PX) and, after forwarding the same to the Police Station for registering a case, took up investigation. Dalip Singh went to the place of occurrence accompanied by Satbir and prepared inquest reports in respect of the three dead bodies which were lying there. We then sent the dead bodies for post mortem examination. From the spot he seized some blood stained earth and chillies and made them into separate sealed parcels.