SURJANSINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two appellants and one Kashmir Singh were convicted by the trial court for the offences punishable under S. 307 and 506 both read with Section 34 Indian Penal Code, by the court of Additional Sessions Judge, Faridabad, in Sessions Case No. 31 of 1988. The High court confirmed their conviction. All the convicted accused then filed a special leave petition in this court. Leave was not granted to Kashmir Singh. It was granted to the appellants only.

(2.) The prosecution case against the appellants was that on 31/8/1988 at about 6. 00 p. m. , they went to the house of Bhagwan Singh and enquired from him whether he was willing or not to vacate the house in his possession. Bhagwan Singh told them that as he was the real owner of the house, the question of vacating it did not arise. Thereupon, the appellants exhorted Kashmir Singh to finish Bhagwan Singh. Kashmir Singh fired two shots from his pistol and caused injuries to Bhagwan Singh and Malkiat Singh.

(3.) In order to prove its case, the prosecution examined the two injured eyewitnesses and also led other evidence. After appreciating their evidence, the trial court thought it safe to rely upon it and also upon the evidence of Latkan Singh, Public Witness 7 and Jagir Singh, Public Witness 8, who had rushed to the place of the incident on hearing the cries of the injured. The trial court disbelieved the defence case that someone else had fired at them and caused injuries and that they were falsely involved because of a property dispute. The trial court convicted them as stated above