STATE OF HARYANA Vs. HARPAL SINGH

JUDGEMENT

(1.) These appeals are preferred by State of Haryana against the judgment of the High Court of Punjab and Haryana allowing the appeals preferred by the respondents against the conviction and sentence imposed on them by the Additional Sessions Judge, Hissar. Harpal Singh who is the respondent in Criminal Appeal No. 483 of 1977 was the third accused before the Sessions Court and Ram Swarup and Bahadur, who are the respondents in Criminal Appeal No. 484 of 1977 were the first and the second accused in the trial Court. Ram Swarup and Bahadur were charged for offences under S. 302 read with Ss. 34 and 449, I. P. C. Ram Swarup was also charged under S. 27 of the Arms Act and Bahadur under S. 25 and S. 27 of the Indian Arms Act. Harpal was charged under S. 302 r/w S. 109, I.P.C. and S. 307 read with S. 109, I.P.C. The Sessions Court convicted Ram Swarup and Bahadur under S. 302 read with S. 34 and sentenced them to death. They were also convicted under S. 307 read with S. 109, I.P.C. and sentenced to seven years rigorous imprisonment and under S. 449, I.P.C. and sentenced to five years rigorous imprisonment. Ram Swarup was further convicted under S. 27 of the Arms Act and sentenced to three years rigorous imprisonment while Bahadur was found guilty under S. 25 of the Arms Act and sentenced to three months rigorous imprisonment. Harpal was found guilty under S. 302 read with S. 109 and sentenced to death. He was also convicted under S. 307 read with S. 109, I. P. C. and sentenced to seven years rigorous imprisonment.

(2.) The case for the prosecution may be briefly stated. The motive for the crime as stated by Dalip Kaur, P. W. 1 is that in the village of Sainpal 16 killas of land was allotted to her husband and he further purchased 24 killas of land. Harpal cultivated her land for the last 10 or 12 years. As Harpal did not give Dalip Kaur her share of the produce from her land about 1-1/2 years ago she told Harpal that she would look after the cultivation of her land and will do self-cultivation. On hearing this Harpal got annoyed. Dalip Kaur was living in separate portion in Harpal's house.

(3.) A day before the occurrence Harpal went to Hissar. On that day at about 8 a.m. Harpal was present in Dalip Kaur's Baithak with Ram Swarup and Bahadur. Harpal told them that he was leaving for Hissar and that both of them should do the work which he had told them to do. Dalip Kaur heard this talk when she came to look after the cattle which were nearby.