STATE OF HARYANA Vs. SHIBU ALIAS SHIV NARAIN

JUDGEMENT

(1.) These appeals are directed against the common judgment of a Division Bench of the Punjab and Haryana High Court disposing of appeals i.e. Criminal Appeal No. 527DB of 1995 and 547DB of 1995. The main judgment is in Criminal Appeal No. 527 DB of 1995. In these appeals two Appellants were convicted by learned Sessions Judge, Rohtak in Sessions Case No. 13 of 1995.

(2.) Background facts in a nutshell are as follows : On 18th January 1995, at about 8 or 8.30 a.m., Vijay since deceased, was going from his house towards the bazar for shopping and had gone a short distance, when the three accused Shibu alias Shiv Narain, Surender Singh armed with a pharsa and Bhagat Singh armed with a sword accosted him and Shibu told him that they were going to teach him a lesson for the slaps that had been given to him on 16th January, 1995. Shibu then caught hold of Vijay in his grip, whereas Bhagat Singh inflicted a sword blow on his left thigh, while Surender accused aimed a blow on his leg which did not hit its target. On receipt of the injuries, Vijay cried "Mar diya Mar diya", which attracted Attar Singh (PW5) and Rajinder (PW6, the brother and first cousin of deceased respectively, and one Inder to the place of incident. All the accused then ran away from the spot. Vijay was, thereafter, taken to his house and then to the Civil Hospital, Bahadurgarh in a tractor by Attar Singh and some others, but he succumbed to his injuries on the way. The dead body nevertheless reached the hospital, on which the doctor sent information vide Ex. PE to the police, which brought ASI Ranbir Singh to the hospital. He recorded the statement of Attar Singh Ex.PK at 11.50 a.m. and on its basis, a formal FIR Ex. PK/2 was registered at Police Station, Bahadurgarh at 12.05 p.m.; the special report being delivered locally at 12.35 p.m. The SHO/ Inspector Sumer Singh, also visited the place of occurrence and made the necessary investigation at the spot. The accused were arrested on 18th January, 1995 and on their interrogation and disclosure statements, a pharsa and a sword were recovered. On completion of the investigation, accused Bhagat Singh was charged for an of fence punishable under Section 302 of the Indian Penal Code, 1860 (in short IPC) while the others were charged for the same offence with the aid of Section 34 thereof and as they claimed to be innocent, were brought to trial. As noted above, PWs 5 and 6 Attar Singh and Rajinder respectively were stated to be eye witnesses to the occurrence. The trial court concluded that the enmity be tween the parties stood proved as they had been on opposite sides in the panchayat elections and on account of this factor, accused Shibu had abused Attar Singh some time earlier and had been given a beating by him. The court also found that the prosecution version as stated by Attar Singh (PW-5) and Rajinder (PW-6) was natu ral. Accordingly, the three accused persons were found guilty, convicted and sen tenced as afore-stated. Stand of the appellant before the High Court in the appeals was that the murder was a blind one as the prosecution witnesses have been procured after the incident had come to light.

(3.) Learned counsel for the State on the other hand submitted that not only it was their motive for the killing but the evidence was cogent and credible. The High Court found substance in the plea of the three accused appellants (respondents herein) and directed their acquittal.