RATTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants have been convicted under S. 302/34, Indian Penal Code by the courts below and have been awarded sentence of imprisonment for life, The charge against the appellants was that on September 21,1974 at 7/8 p.m. they armed with swords, committed the murder of Kala Singh alias Sukha Singh in the area of Village, Khizrabad. According to the prosecution the appellants had motive to commit the offence and the case against them was supported by Ajaib Singh P.W. 2 and Amir Singh P.W. 3 eye witnesses and also by the medical evidence. The trial Judge by his judgment dated. 31 st May, '1975 accepted the prosecution plea and convicted the appellants. High Court by its judgment dated May 3, 1978 upheld the conviction and sentence of the appellants.

(2.) The first Information Report was lodged by Ajaib Singh P.W. 2 on September 22,1974 at 12.15 a.m. at Police Station, Assand which is at a distance of 3/4 miles from Village, Khizrabad. At the trial this witness stated that he and his brother Kala Singh deceased -had gone to Village, Thall to enquire about the welfare of their sister Harbans Kaur who was married to one Bit Singh of that village. Village, Thall is at a distance of 5 miles from Village, Khizrabad. When they were returning from Village, Thall, on the way they met Amir Singh P.W. 3. Amir Singh P.W. 3, who, was working in his fields, also joined them. Amir Singh is the first cousin of Ajib Singh and Kala Singh deceased. At about 7 or 7.15 p.m. when they reached near the Dera of one Piara Singh, they saw four appellants armed with swords. Rattan Singh, appellant shouted at Kala Singh, deceased, saying that about 8/10 days back the deceased had insulted him in the presence of his relations by giving him shoe beating. Rattan Singh also accosted Kala Singh deceased regarding a fight which took place about 7/8 years back. Nishan Singh also joined Rattan Singh in making these utterances. Rattan Singh thereafter aimed a blow with his sword at the head of Kala Singh but the deceased warded off the blow by raising his right hand. Kala Singh then ran towards the Dera of Piara Singh but the four appellants surrounded him. Dilip Singh and Gurbachan Singh appellants wielded their respective swords but he raised his hands to save the vital parts of his body and accordingly the blows fell on his right and left hands. Deceased again managed to run and reached behind the Dera of Piara Singh but the four appellants again succeeded in surrounding him and started giving sword blows on different parts of his body Thereafter, the deceased fell down. The appellants threatened Ajaib Singh P.W. 2 and Amir Singh P.W. 3 not to come near them otherwise they would also be murdered. The eye witnesses being empty handed kept on standing at some distance. After injuring the deceased the four appellants ran away with their respective weapons. When the two eye witnesses went near the deceased Kala Singh, he was dead. Amir Singh P.W. 3 was left behind to guard the dead body whereas Ajaib Singh P.W. 2 went to the village to inform his relations and also to lodge the report at Police Station, Assand. Ajaib Singh further deposed that he took a longer route to avoid the armed appellants and as such instead of 3/4 miles, he had to cover the distance of about 8/9 miles. In the corss-examination, he admitted that the deceased was a wrestler and about 8 years back Dalip Singh appellant and his father had fired shots which hit the de ceased and three other persons. Both Dalip Singh and his father were tried but the matter having been compromised, outside the Court, the witness turned hostile resulting in their acquittal. Ajaib Singh also admitted that one Gurmit Kaur was the wife- of Sukha -Singh S/o Piara Singh near whose Dera the occurrence took place. He also admitted that the police had arrested the said Sukha Singh, but he denied that there was a general rumour about the deceased having illicit relations with Gurmit Kaur. Amir Singh P.W. 3 who is the first cousin of deceased fully supported the prosecution case as narrated by P.W. 2.

(3.) The statements made by the eye witnesses find corroboration from the medical evidence. Dr. H. N. Monga P.W. I who conducted the post-mortem, found.14 injuries on the body of deceased Kala Singh. 10 of the injuries were incized wounds and remaining 4 abrasions.