STATE Vs. HARBHAJAN SINGH & ORS

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 19th February 2000 passed by the learned Additional Sessions Judge, Delhi in SC No.82/1996 arising out of FIR No.313/1996 registered at PS Sultanpuri whereby the four co-accused were acquitted of the offence under Section 302/34 IPC. A-3 and A-4 had been impleaded as Respondent Nos.3 and 4 in the present appeal. However, the Court has been informed that they have since expired and thus, the present appeal concerns only the acquittals of Harbhajan Singh (A-1) and Gurbachan Singh (A-2), father and son respectively.

(2.) The charge against the four co-accused persons was that they, in furtherance of their common intention, committed the murder of Gurpal Singh (the deceased) on 22nd March 1996 at around 6 pm by throwing him from the roof of his house to the roof of the adjacent house belonging to one Badal (not examined). A-1 was a neighbour of the deceased. A-2 is his son, A-3 was his brother-in-law, and A-4 was his brother.

(3.) According to the prosecution, the deceased was sitting on the roof of his house after returning home from work on 22nd March 2000. The wife of the deceased, Suraj Kaur (PW-2), was cooking food in the kitchen while his daughter, Gurmeet Kaur (PW-5), was serving food to her father. Malik Singh (not examined), the son of the deceased, was also sitting in the kitchen. In the meanwhile, A-1 accompanied by A-2, A-3, and A-4 came onto the roof of their house and started abusing the deceased. A-1 said that they will teach the deceased a lesson as the deceased had kept their tenant as his tenant. A-2 and A-4 are stated to have exhorted that the deceased should be killed. Thereafter, all four accused started beating the deceased with their fists and also kicked him. A-2 is stated to have exhorted that the deceased be thrown from the roof. Thereafter, A-1 and A-4 caught hold of the legs of the deceased whereas A-2 and A-3 caught hold of one hand each and threw him on the roof of the neighbouring house belonging to one Badal. It is stated that A-1 also gave danda blows to the deceased. The deceased then fell unconscious.