STATE OF HARYANA Vs. TEK SINGH

JUDGEMENT

(1.) In the Court of Addl. Sessions Judge-III, Hissar in Sessions Case No. 57 of 1988/33 of 1990, 8 persons namely, (1) Tek Singh, (2) Gurbachan Singh, (3) Gurmel Singh, (4) Mela Singh, (5) Baldev Singh, (6) Megha Singh, (7) Sajan Singh and (8) Jaspal Singh were charged for the offences punishable under Ss. 148, 449 and 302 read with S. 149 of I.P.C. for committing the murder of Tek Singh and Gurdev Singh inside the house of Tek Singh (deceased). By judgment and order dated 26th March, 1991, Additional Sessions Judge, Hissar convicted all the aforesaid 8 accused under Ss. 148, 449 and 302 read with S. 149 of I.P.C. Against the said judgment and order, accused preferred Criminal Appeal No. 153-DB of 1991 before the High Court of Punjab and Haryana at Chandigarh. By the judgment and order dated 23rd October, 1992, the High Court acquitted 5 accused, namely, Tek Singh (A-1), Mela Singh (A-4), Gurmel Singh (A-3), Sajan Singh (A-7), Jaspal Singh (A-8) and confirmed the conviction of remaining 3 accused, namely, Gurbachan Singh (A-2), Baldev Singh (A-5) and Megha Singh (A-6) for the offence punishable under S. 302 read with S. 34, I.P.C. and their conviction and sentence under S. 449, I.P.C. was also maintained. Against the said judgment and order, the State of Haryana has preferred this appeal. At the time of admission of the appeal, this Court dismissed the Special Leave Petition against the convicted accused, namely, Gurbachan Singh (A-2), Baldev Singh (A-5) and Megha Singh (A-6).

(2.) The prosecution version is because of the Gram Panchayat elections of village Talwara and as some understanding between the accused-Tek Singh (A-1) and Gurdev Singh was not honoured by Tek Singh, there was altercation between Tek Singh and Chet Singh brother of the deceased-Gurdev Singh. It is also stated that about 8 to 9 months prior to the occurrence, Tek Singh (deceased) was convicted for causing injuries to Mrs. Mukhtiar Kaur, his sister-in-law. He was released on parole one day prior to the occurrence. On 14th September, 1988 at about 8.30 p.m., Tek Singh and Gurdev Singh (both deceased) were sitting on a cot outside the house of Tek Singh, the accused armed with weapons including gun, rifle and gandasa, firing shots and shouting that Tek Singh and Gurdev Singh should be finished, arrived there from the side of Tek Singh's house. On seeing the accused, both deceased rushed inside the house of Tek Singh, the accused chased them and entered the house where Mrs. Bant Kaur, wife of Tek Singh (deceased) was present. It is also say of witnesses Chet Singh, P.W. 5, Bhola Singh P.W. 7 and one Mohinder Singh that they reached at the scene of offence after returning from their fields and answering the call of the nature. It is the version of the witnesses that accused caused injuries to deceased-Tek Singh by giving Gandasa blows. It is stated that Baldev Singh gave Gandasa blow on the neck, Mela Singh gave gandasa blow on the right shoulder, Jaspal Singh gave gandasa blow on right arm, Megha Singh gave gandasa blow on right knee, Gurmel Singh gave gandasa blow on left hip joint, Sajan Singh gave four to five gandasa blows in quick succession on waist. It is further stated that Gurbachan Singh (A-2) fired from his rifle hitting deceased-Gurdev Singh on his right thigh and other accused persons gave gandasa blows. Thereafter, all the accused along with the respective weapons went towards their houses and at that time Tek Singh (A-1) and Gurbachan Singh fired from their gun and rifle in the air while leaving the spot. The witnesses Chet Singh and Bhola Singh rushed to the police station and lodged report at 11.30 p.m. with SI Ramesh Pal. The special report of the FIR was conveyed to Illaqa Magistrate, Hissar at 4.50 a.m. during the same night. The accused continued absconding till 22nd September, 1988 on which date at the bus station, Tek Singh, Gurbachan Singh, Mela Singh and Gurmel Singh were arrested. At that time, Tek Singh was carrying his licence .12 bore gun Ex. P34 which was taken in possession after putting it in a sealed parcel. Thereafter, other fire-arm was also recovered. Gandasa from Gurmel Singh (A-3) and Mela Singh (A-4) also were recovered and were sent to the Forensic Science Laboratory, Madhuban and its report stated that human blood was found on one of Gandasas. With regard to the fire- arms, rifle and gun, they were found intact and in working order and also after examining the hole in the Tehmad (lion cloth) put on by deceased-Gurdev Singh, it was reported that it was the result of bullet projectile.

(3.) Before the Sessions Court in their res-pective statements under S. 313 of Cr. P.C., the accused contended that they were falsely implicated, it has also been pointed out that Ram Nath, brother of Sajjan Singh, accused had suffered injuries and for that purpose, report was lodged by Ram Nath. Jaspal Singh (A-8) had taken the plea of alibi and for that purpose, witnesses have examined to prove that bhog ceremony in connection with the last rites of Bhura Singh took place on 14-9-1988 and Jaspal Singh being the son-in-law of Amarjeet Singh, brother of the Bhura Singh attended that ceremony and he along with his wife stayed for the night with them. The learned Additional Sessions Judge relying on the eye-witnesses' evidence of Chet Singh, Mrs. Bant Kaur and Bhola Singh, coupled with the medical evidence and circumstantial evidence convicted and sentenced all the accused.