VIRENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is presented questioning the judgment dated 28.07.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 168-DB of 2001, confirming the judgment of the Sessions Court, Narnaul dated 16.02.2001 passed in Sessions Case No. 5 of 2000, convicting the appellant/accused along with two other accused for the offence under Section 302 read with Section 34 of the Indian Penal Code (hereinafter "IPC").

(2.) The case of the prosecution in brief is that on the intervening night between 6/7.11.1999, the first informant, Suresh Kumar, and his brother Krishan Kumar (the deceased), had gone to their field, which they had taken on Batai, for irrigation purposes; at about 1:30/2:00 AM on 07.11.1999, the informant sent Krishan Kumar to verify the water flow in the channel which passed through the 'Dol' of the field of Accused No.3 Hawa Singh; when Krishan Kumar was near his tubewell (situated near the middle of Hawa Singh's field), the first informant heard noises of abuses, and on reaching the said place he saw Hawa Singh armed with a kulhari (axe), Accused No.1 Satpal armed with a dantali (sickle), and Accused No.2 Virender, the appellant herein, armed with a lathi; and Hawa Singh raised a cry exhorting that the deceased should be taught a lesson. Thereafter, Hawa Singh gave an axe blow to the deceased on the right shoulder, Satpal aimed two sickle blows on the head of the deceased which, however, fell on his left arm, and the appellant gave a lathi blow on the left knee of the deceased, who fell to the ground. At that point of time, Hawa Singh gave the deceased an axe blow on his chest, and Satpal gave him a sickle blow on the left knee. When the first informant raised a hue and cry, the uncle of the first informant, Jugal Kishore, came to the spot, and also witnessed the incident. Thereafter, the accused ran away from the scene. The first information report was lodged on the morning of 07.11.1999. As mentioned supra, both the Courts convicted all the three accused for the offence punishable under Section 302 read with Section 34 of the IPC.

(3.) The other two accused, namely Hawa Singh and Satpal, seem to have not filed appeals against the same, accepting the judgment passed by the High Court. It is brought to our notice that those accused have already undergone their sentence, and have been released from custody. The appellant herein was released on bail by this Court on 26.07.2010.