JAGTAR SINGH @ GOGGI AND ANR. Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a common judgment and order of the learned Additional Sessions Judge dated 19.02.1998 and order of sentence dated 21.02.1998 by which the appellants were convicted for the offences punishable under Section 302/452/323/34 IPC. The appellant Tarsem was also convicted for offences punishable under Sections 27/54/59 Arms Act. Both appellants were sentenced to undergo life imprisonment with fine of Rs.1,000/- each in respect of offence under Section 302; they were sentenced to undergo RI for 3 years each with a fine of Rs.500/- in respect of conviction under Section 452/34 IPC; for the offence under Sections 323/34 IPC they were directed RI for one year each with fine. Tarsem was directed to undergo RI of 2 years with Rs.250/- as fine.

(2.) The prosecution alleged that on 31.05.1995 at 6.00 PM Vikas @ Vickki (PW-2) who was the son of the deceased (Shyam Sharma) and Manu (Son of Tarsem) were flying kites. Both the deceased and Tarsem were neighbours living in adjacent houses. It was alleged that a quarrel took place between them. The nephew of one of the accused Ram Prakash and Sanjeev, the fourth accused in the case (both Ram Prakash and Sanjeev were declared proclaimed offenders) slapped Vikas. The latter s brother protested. By this time, alleged the prosecution, Tarsem and his brother Jagtar Singh (i.e. the appellant in this case) arrived at the scene with his brother-inlaw Ram Prakash and abused the deceased. It was alleged that thereafter the appellants rushed inside their house; Tarsem came out holding a small Kripan and Jagtar Singh came out with an iron rod. It was alleged that they were shouting MARO MARO and pounced upon the deceased. It was stated that the accused Sanjeev caught hold of the deceased which resulted in the latter s brother rushing inside his house. Ram Prakash followed him and caught hold of the deceased from behind. It was also alleged that Tarsem gave kripan blows to the deceased s chest and abdomen and Jagtar Singh assaulted him with an iron rod. Shiv Kumar Singh i.e. PW-4 the brother of the deceased also received injuries. It was alleged that all four accused ran away after inflicting various injuries.

(3.) The prosecution alleged that at about 8.30 PM intimation about the incident was received at PS Krishna Nagar. Immediately, PW-1 along with others, reached the spot. They found 15 to 20 persons present at the site. It was alleged that the injured were removed to the GTB hospital. Shyam Sharma in the meanwhile was taken to the said hospital and was declared brought dead. The Medico Legal Certificate issued by the hospital was marked as PW 17/A, during the trial. The prosecution alleged that the injured brother of the deceased PW-4 met the police where he was declared fit to record the statement. His MLC was produced as Ex. PW 17/D. It was stated that PW-4 statement was recorded by the Police; same was later exhibited as PW4/A. Apart from narrating sequence of events, PW-4 had stated that after the attack, with the aid of his neighbours the deceased was taken to the hospital. First Information Report (FIR) was registered, the police investigated into the matter. It was alleged that IO PW-21 interrogated Tarsem after his arrest; his disclosure statement led to the recovery of the kripan. The same was seized by memo Ex. PW 4/G, which led to the arrest of other accused Sanjeev Kumar and the subsequent disclosure statement made by him. After the charge sheet was filed on account of non-appearance of two accused i.e. Sanjeev Kumar and Ram Prakash, the Court declared them proclaimed offenders. The appellants were charged with committing the offence and they were ultimately convicted of. They entered the plea of not guilty and claimed trial.