SURJIT SINGH Vs. STATE

JUDGEMENT

(1.) Sukhbir Singh, Surjit Singh, Mehtab Singh and Vikram Singh, all sons of Rati Ram, four appellants in Criminal Appeal No.22/92 and Anand Prakash, son of Hoshiar Singh, appellant in Criminal Appeal No.55/92 (in all five accused) were charged with the offences under Sections 302/34, 307/34 and 323/34 Indian Penal Code for the murder of Bhim Singh and for causing injuries to Amar Singh and Hoshiar Singh in the morning of 26.6.1987 at village Rangpuri, New Delhi. All the five accused have been convicted under Sections 323/34 and 302/34, in addition Mehtab Singh under Section 324 and other four accused under section 324/34 Indian Penal Code by an Additional Sessions Judge, New Delhi and all have been sentenced to life imprisonment and a fine of Rs.2,000.00 each, and in default of payment of fine further R.I. for six months under Section 302/34 Indian Penal Code .; and to three months S.I. under section 323/34 and Mehtab Singh in addition has been sentenced to undergo R.I. for six months and pay a fine of Rs.500.00 and in default to undergo SI for three months and other four appellants to undergo R.I. for six months and to pay fine of Rs.500.00 each and in default to undergo SI for three months each with direction that the substantive sentences shall run concurrently.

(2.) . Briefly stated the prosecution case is that the accused persons had given beatings to Bhim Singh and Amar Singh and their father Hoshiar Singh in the morning on 26.6.1987. Information about the quarrel was given to P.C.R. by Anuradha wife of deceased Bhim Singh which was conveyed to Police Post (for short PP), Mahipal Pur where DD26 (Ex.PW-7/A) was recorded at 4.50 a.m. On receipt of copy of this DD, HC Khema Ram alongwith Constable Rajbir Singh reached the spot. S.I. Om Parkash, Incharge of PP on coming to PP was also informed of it at about 5.30 a.m., and vide DD 29 (Ex.,PW.7/C) he left for and reached the place of occurrence situated at premises bearing Khasra No.607, Village Rangpuri. The three injured persons had already been removed to hospital by PCR Van. HC Khema Ram was deputed to guard the spot and said SI alongwith constable Rajbir Singh reached Safdarjang Hospital; and approached the doctor to find out if the injured persons were fit to make statement; Bhim Singh was found unfit for statement and Hoshiar Singh who was fit for statement made first information statement Ex.PW.3/A to him.

(3.) . He stated that he was living in that village Rangpuri alongwith his family; at about 4.30 a.m. he had gone to answer the call of nature and on return after 15 to 20 minutes reached his Gher situated at Khasra No.607 to wash his hands at the handpump located there; Accused Sukhbir Singh who was present there threatened him to run away from there, otherwise he would be killed; on his call his three brothers, namely, accused Surjit Singh, Mehtab Singh and Vikram Singh, two armed with Jelly and one with axe and their associate Anand Parkash armed with Lathi reached there. He asked them to surround him and give beatings to him. First Sukhbir Singh gave Lathi blow on his right arm, then Surjit Singh gave a jelly blow injuring his right hand finger; Anand Prakash, (complainant's son) said that he (complainant ) was not his father and asked the other accused persons to give beatings to him. He started running away from there to escape when his son Bhim Singh, who was going for call of nature, on hearing his alarm and seeing him running came there to rescue him. All the five accused persons gave beatings to him with their respective weapons, as a result of which he fell down; Hari Singh, a neighbour, reached there and separated them. His son Amar Singh who was going to answer the call of nature also reached there. The accused persons surrrounded him also and accused Mehtab Singh, Vikram Singh and Surjit Singh gave beatings to him with their weapons and he fell down. Hoshiar Singh rushed to his house and at his instance Anuradha wife of Bhim Singh informed the police on telephone No.100. PCR police reached there and removed all the three injured persons in their van to Safdarjang Hospital.