DEV KARAN @ LAMBU Vs. STATE OF HARYANA

JUDGEMENT

(1.) On the fateful date of 28.7.1994 at 3 a.m., Jaibir @ Gabbu (for short 'deceased') was murdered. An FIR was registered on the same date by one Surender (PW-7). The prelude culminating in the incident has been set out in the FIR.

(2.) The residential house of the deceased was under-construction, at Modawala Bagh in Bhiwani. A group of friends - Surender (PW-7), the deceased, Ajay Bhan (PW-8), another Surender S/o Rajender Singh (not examined), Sandeep (not examined) and Narender (not examined) were sitting and consuming liquor in one of the rooms of the under construction house. It appears that the liquor possibly fell short, as the deceased asked Sandeep to bring half a bottle of liquor from the English vend. After some time, the remaining friends who were in the room heard raised voices of Sandeep. In order to enquire as to what was transpiring, Surender (PW-7/complainant), the deceased and Narender went towards the liquor shop. In the proximity of the liquor shop, near the tea shop of Naresh Kumar, these three persons saw accused Krishan and Vidhya Rattan (original accused No.3/appellant (Appellant in Crl.Appeal No.300/2010)) abusing and quarrelling with Sandeep. Heated words were exchanged and threats were held out. The deceased asked Krishan and Vidhya Rattan to come during the day to discuss the matter with the complainant and his friends. The complainant, the deceased, Narendar and Sandeep thereafter came back to the under-construction, residential house.

(3.) It is the case of the complainant that just as these friends were, once again, in the process of resuming their drink, seven persons (all arrayed as accused before the trial court) entered the under-construction house of the deceased, armed with deadly weapons like wooden rafter, lathis and sword. Rajesh Yadav (accused No.1), who has since passed away, was armed with a bahi (a rectangular wooden rafter, which is used in making cots), and proclaimed that the deceased, referred to as the 'leader', be killed, and then he hit the deceased on the head with the wooden rafter. A lathi blow was given by Krishan on the head of the deceased. The consequence of these blows was that the deceased fell to the ground. The assault continued when Suresh (original accused No.5/appellant (Appellant in Crl. Appeal No.302/2010)) also gave a wooden rafter blow on the left leg of the deceased. Rajesh Yadav (accused No.1), since deceased, raised a lalkara that Jaibir (the deceased) be killed altogether. All the accused thereafter started hitting the deceased indiscriminately with their respective weapons. A variety of weapons were used to carry out the assault, with Rajesh Yadav and Suresh being armed with bahis, while Rajesh Jogi (original accused No.4/appellant (Appellant in Crl. Appeal No.1139/2010)) being armed with kirpan (sword) and the remaining four accused carrying lathis.