NARAIN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of the Division Bench of the Punjab and Haryana High Court partly allowing the appeal filed by the appellants. Learned Additional Sessions Judge, Sonepat by judgment dated 8.8.1997 had convicted appellants Narain Singh, Ramesh, Naresh and one Suresh Kumar for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC'). They were sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- each with default stipulation. They were also convicted under Section 323 read with Section 34 IPC and sentenced to undergo three months RI. Accused- appellant Narain Singh was convicted for offence punishable under Section 27 of the Arms Act, 1959 (in short 'Arms Act') and sentenced to undergo one year RI. It is to be noted that the appellant-Narain Singh is the father of the other accused persons.

(3.) Prosecution version in a nutshell is as follows: One Smt. Raj Bala (PW.3) set the law into motion. Smt. Bala lodged report with police stating that her husband Balbir (hereinafter referred to as the 'deceased') was employed as a driver in the Department of Electricity at Sonepat. She along with her husband and children lived in Mohalla Sham Nagar, Sonepat. Her husband had three brothers and five sisters. Her father-in-law Charan Dass had 10 acres of land. Out of this, four acres were given to them, while four acres were given to her brother-in-law Raghbir Singh. Charan Dass kept two acres for himself. No share of land was given to Narain, because he did not have good relation with his brothers and sisters, Narain filed a Civil Suit against them. On 28.5.1995 Om Parkash son of Raghbir Singh came to their house at Sonepat. He told them that his uncle Narain Singh had gone to their field along with his son Ramesh, Suresh and Naresh in a tractor, to sow Jawar. Smt. Bala along with Om Parkash and her husband Balbir Singh went to the field. They reached there at about 11/11 = a.m. They found Naresh ploughing the field with his tractor and sowing Jawar. Narain Singh standing there having a bandolier around his neck. He was holding his licensed gun in his hands. His both sons Ramesh and Suresh were armed with Jailies. When they tried to prevail them not to sow Jawar in their field, Naresh stopped the tractor and picked up a Jaily. All of them raised a "lalkara" not to spare them. Narain then fired a shot at her husband Balbir Singh, which hit him on his chest. Ramesh gave a Jaily blow lathiwise on Smt. Bala's head. Two or three more Jaily blows were given by Suresh. Naresh gave 3-4 Jaily blows to Om Parkash. On the basis of this statement, FIR Ex PA/1 was recorded on 28.5.1995 at 1.00 p.m. The special report reached the Illaqa Magistrate, Sonepat on the same day at 4.30 p.m. After completion of investigation, charge sheet was filed. Since they pleaded innocence, trial was held. The prosecution to prove its case brought into the witness box ASI Mahinder Singh (PW1), Virender Singh (PW2), Raj Bala (PW3), Om Parkash (PW4), ASI Pirthi Singh (PW5), Ramesh Kumar (PW6), C. Rajinder Singh (PW7), Dr. O.P Gujaria (PW8), Dr. Subhash Mathur (PW 9), HC Anil Kumar (PW10), Rajbir (PW11) and ASI Rameshwar Dutt (PW12). PWs. 3 & 4 were stated to be eye witnesses. Trial Court recorded conviction and imposed sentences as noted above. All the accused persons filed appeal before the High Court.