SURESH AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals by special leave petitions, are preferred by two accused persons, namely Sobhat Singh and Suresh, against the conviction imposed by the High Court and the consequential acquittal of other persons, namely Dharampal and Umed Singh, sons of Beg Raj and Dharambir, passed by the High Court of Punjab and Haryana in Crl. Appeal No. 157-DB of 2002, 273-DB of 2002, 920-SB of 2002, 751-DBA of 2002 and Crl. Revision No. 907 of 2004. Facts being connected and issues being similar, we would like to deal with these appeals by a common judgment.

(2.) Few facts which are necessary for the disposal of these cases are that a panchayat election was held on 15.12.1994, in the village Sundawas, where there were two major contestants namely Maha Singh and Dharampal son of Beg Raj. Deceased Chander Bhan was an election agent for the losing candidate Maha Singh. It is necessary to note that there was a quarrel including gun shots being fired at around 11 A.M, on the day of election between both factions, as a result of which supporters of Dharampal son of Beg Raj (winning candidate) sustained injuries. In this context, a FIR No. 733 of 1994 was registered against Maha Singh (losing candidate) and one Darya under Sections 307 read with 34 of Indian Penal Code, 1860 [hereinafter referred as 'IPC' for brevity] and Sections 25 and 27 of the Arms Act, 1959.

(3.) Later, during the intervening night of 15th and 16th December of 1994, Dharampal alias Dharam son of Nanak Ram [accused A1], Sobhat Singh [accused A-2], both being supporters of losing candidate Maha Singh, came to the house of Chander Bhan, on the pretext that since Maha Singh had lost the election and was involved in a criminal case, they should falsely implicate Dharampal son of Beg Raj also, by registering a counter case against him. On this pretext, they accompanied Chander Bhan to Hisar. On their way, one Suresh [accused A-3] is supposed to have joined them.