HARI SINGH Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been di rected against the judgment and order dated 26-08-1989 passed by Shri M. L. Singhal, the then Sessions Judge, Pithoragarh in S. T. No. 30/1988 State Vs. Hari Singh & another, whereby the appellant-Hari Singh was convicted and sen tenced to undergo imprisonment for life and for six years under section 302 & sec tion 307 I. P. C respectively. The appellant-Inder Singh was convicted and sentenced to undergo imprisonment of life and for six years under section 302/34 I. P. C and sec tion 307/34 I. P. C respectively. Both sen tences 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 PW2 is the real uncle of appellants (Hari Singh & Inder Singh), Laxman Singh PW1 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 PW1. THEy were not even on visiting and talk ing 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 PW1-brother of the deceased was employed in the Army while the appellants-accused were unemployed. THE appellants-accused have developed jealously with the family of the deceased. On 18- 05-1989 the marriage procession of one-Prahlad Singh was going from Beda village to village Sirmoda- near Gyaradevi. In the said mar riage procession, the appellants (Hari Singh & Inder Singh), the deceased-Kundal Singh, Laxman Singh PW1, Mohan Singh PW2 and Gopal Singh PW3 were present alongwith other guests ('baraties' ). At about 9. 30 pm 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 proces sion. One-Khim Singh persisted to continue the dance there. Mohan Singh PW2 - real uncle of the appellants, informant and Kundal Singh deceased asked him to dis continue the dance and to proceed further as it was getting late. Both Khim Singh and Mohan Singh PW2 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 PW1 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 PW1 and slapped on his face. In order to save him, Kundal Singh (deceased) appeared there and asked Inder Singh as to why he was beat ing 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 PW1 came forward to rescue him, the ap pellant Inder Singh caught hold of Laxman Singh from behind and exhorted the ap pellant Hari Singh to kill him. On this, the appellant Hari Singh tried to give a knife blow in the stomach of Laxman Singh, but the 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 PW2, Gopal Singh PWS and other villagers took the injured persons Kundal Singh and Laxman Singh PW1 to the District hospital, Pithoragarh for medi cal treatment. Kundal Singh was seriously injured and his condition was precarious. He succumbed to his injuries on the same night at 11:45 pm in the hospital. A writ ten FIR Ex. ka. 1 was lodged by the injured Laxman Singh PW1 on the same night at 12:15 P. M. On the basis of written report Ex. ka. 1, a Chick EI. R. Ex. ka. 13 was pre pared and necessary entry was made in the general diary Ex. ka. 14. S. I.-Shyam Lal PW6, Investigating Officer started the in vestigation 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 inves tigation, the Investigating Officer submit ted the chargesheet before the court.

(3.) THE accused persons were exam ined u/s 313 Cr. P. C. and they have pleaded not guilty to the offence. THEy have stated that they have been falsely implicated in this case.