HARI SINGH AND ANR. Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been directed against the judgment and order dated 26 -8 -1989 passed by Shri M.L. Singhal, the then Sessions Judge, Pithoragarh in S.T. No. 30/1988 State v. Hari Singh, whereby the appellant -Hari Singh was convicted and sentenced to undergo imprisonment for life and for six years under Section 302 & Section 307, IPC respectively. The appellant -Inder Singh was convicted and sentenced to undergo imprisonment of life and for six years under Section 302/34, IPC and Section 307/34, IPC respectively. Both sentences were to run concurrently.

(2.) THE facts, in nutshell, are that Hari Singh and Inder Singh (appellants) are the cousins of Laxman Singh -informant and Kundal Singh -deceased. Mohan Singh P.W. 2 is the real uncle of appellants (Hari Singh & Inder Singh), Laxman Singh P.W. 1 and Kundal Singh -deceased. The family of the appellants -accused were not having good relations with the families of Kundal Singh (deceased) and Laxman Singh P.W. 1. They were not even on visiting and talking terms for the past six to seven years from the date of incident. The appellants -accused devoured the land of the family of the deceased -Kundal Singh. Laxman Singh P.W. 1 - brother of the deceased was employed in the Army while the appellants -accused were unemployed. The appellants -accused have developed jealousy with the family of the deceased. On 18 -5 -1989 the marriage procession of one -Prahlad Singh was going from Beda village to village Sirmoda -near Gyradevi. In the said marriage procession, the appellants (Hari Singh & Inder Singh), the deceased -Kundal Singh, Laxman Singh P.W. 1, Mohan Singh P.W. 2 and Gopal Singh P.W. 3 were present along with other guests ('Baraties'). At about 9.30 p.m. when the marriage party (Barat) was going on the way to Gurna from Gyaradevi, the procession came to a halt and few 'Baraties' started dancing. There were 4 -5 gas lanterns in the procession. One -Khim Singh persisted to continue the dance there. Mohan Singh P.W. 2 - real uncle of the appellants, informant and Kundal Singh deceased asked him to discontinue the dance and to proceed further as it was getting late. Both Khim Singh and Mohan Singh P.W. 2 joined over this issue and the exchange of hot words took place between them. The deceased Kundal Singh also appeared there and tried to intervene in the matter. Kundal Singh asked them to stop the dance and to proceed further. In the meantime, the appellants Hari Singh and Inder Singh also appeared there and pressed for continuance of the dance and challenged as to who was going to stop them. Laxman Singh P.W. 1 also told them for discontinuance of the dance as the 'Baraat' was already getting late. Laxman Singh also told them that they were causing unnecessary delay in the 'Baraat'. On this, Inder Singh got enraged with Laxman Singh P.W. 1 and slapped on his face. In order to save him, Kundal Singh (deceased) appeared there and asked Inder Singh as to why he was beating his brother. Thereafter, the appellant Hari Singh took out a knife and gave knife blows to Kundal Singh. Consequently, he fell on the ground. When Laxman Singh P.W. 1 came forward to rescue him, the appellant Inder Singh caught hold of Laxman Singh from behind and exhorted the appellant Hari Singh to kill him. On this, the appellant Hari Singh tried to give a knife blow in the stomach of Laxman Singh, but he turned around and the knife struck at his hip. Thereafter, the appellants Hari Singh and Inder Singh fled away from there. Immediately after the occurrence, Mohan Singh P.W. 2, Gopal Singh P.W. 3 and other villagers took the injured persons Kundal Singh and Laxman Singh P.W. 1 to the District hospital, Pithoragarh for medical treatment. Kundal Singh was seriously injured and his condition was precarious. He succumbed to his injuries on the same night at 11:45 p.m. in the hospital. A written FIR Ex. ka.1 was lodged by the injured Laxman Singh P.W. 1 on the same night at 12:15 p.m. On the basis of written report Ex. Ka. 1, a Chick FIR Ex. Ka. 13 was prepared and necessary entry was made in the general diary Ex. Ka. 14. S.I. Shyam Lal P.W. 6, Investigating Officer started the investigation and sent the dead body for postmortem. The I.O. prepared the site plan. He also recorded the statement of the witnesses. After completing the investigation, the Investigating Officer submitted the charge -sheet before the Court.

(3.) THE prosecution in support of its case examined as many as six witnesses. Laxman Singh P.W. 1 - informant is the cousin brother of the appellants -accused. He is an injured eye -witness of the incident. Mohan Singh P.W. 2 is the real uncle of appellants, deceased and informant. He is equally related to both parties and he is eye -witness of the incident. Gopal Singh P.W. 3 is also eye -witness of the incident. Gopal Singh P.W. 3 is the resident of the same village i.e. Bera. His testimony does not show that he is, in any way, inimical with the accused persons or closely affiliated with the prosecution party. Dr. Harish Chandra Pathak P.W. 4 is the Medical Officer, who conducted the postmortem of the dead body of the deceased. Dr. M. D. Bhatt P.W. 5 was the Medical Officer, District Hospital. He had given the medical treatment to the injured Kundal Singh in the hospital. He also examined the injured Kundal Singh before admission to the hospital and he also examined the injuries of Laxman Singh P.W. 1. S.I. Shyam Lal P.W. 6 is the Investigating Officer of this case. After completing the investigation, he submitted the charge -sheet Ex. Ka.21. The appellants -accused did not adduce any evidence in their defence.