ISHWAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of the following facts.

(2.) On Nov. 21, 1992 at about noon time, Sher Singh (PW-1) his daughter Sunita (PW4) and son Basti Ram (PW-5) had gone to irrigate their crop from the tube-well of Banarsi taking the water through a plastic pipe along the killa line of the land belonging to the accused. At about noon time, Balbir accused armed with a Bankri (a kind of a gandasi) Ex. P-4, Rajender and Ishwar his co-accused both armed with Jailies, Exhibits P-3 and P-5, appeared on the scene and asked Sher Singh as to why he was taking water over the boundary of their field. Sher Singh replied that there was no other way through which the water could be taken. On this, Ishwar abused him and threatened to teach him a lesson and thereafter gave him a Jaily blow on his head; followed by a similar blow by Rajender accused, which hit him on his right hand. Basti Ram and Sunita made an attempt to rescue their father on which Balbir accused gave a Bankri blow which hit Sunita on her head whereas Rajender gave a jaily blow thrust wise to Basti Ram which hit him on his chest. Meanwhile, Satpal accused also appeared on the scene armed with a Jaily and gave a blow with it on the head of Basti Ram. Sher Singh, Basti Ram and Sunita fell on the ground where they were given further blows. On hearing the noise, Ram Karan son of Banarsi and Banarsi son of Kishan Lal, who were present at their tube-wells, appeared on the scene and rescued them. Sher Singh and the others then started running towards the village closely followed by the accused. The accused, however, saw Chandro wife of Sher Singh, coming towards the fields carrying lunch for her husband and her children. She was being followed by Kamla wife of Satpal accused and Savitri wife of Rajender accused armed with a Bankri and a Lathi respectively. Accused Balbir gave a Lalkara that Chandro should not be allowed to go alive and gave a Bankri blow on her head whereas the other accused also caused blows to her with their weapons on which she too fell down. The accused then ran away from the spot. Sher Singh, Basti Ram and Sunita soon reached the place where Chandro lay fallen and took her in a tractor trolley to the Primary Health Centre, Kosli, where she was declared to be dead on arrival. Basti Ram was referred to the General Hospital, Rewari whereas Sunita and Sher Singh were medico-legally examined at Kosli itself. Information with regard to the arrival of the injured in the hospital was sent to the Police Post, Kosli, on which ASI Kuljeet Singh, PW-12, visited the Health Centre and recorded the statement of Sher Singh (PW-1) at 4.50 p.m. and on its basis the formal F.I.R. was recorded at 5.30 p.m. in Police Station, Jatusana; with the special report being delivered to the Illaqa Magistrate at Rewari at 11.00 p.m., the same night. The police officials thereafter visited the two venues of the incident and made the necessary investigations and also sent the dead body for the post-mortem examination. Accused Balbir, Rajender and Ishwar surrendered in Court and were duly handed over to the police whereas Kamla and Savitri were subsequently arrested. Balbir, Ishwar, Rajender and Satpal, who too had been arrested in the meanwhile, were interrogated and on the basis of their disclosure statements, the various weapons of offence allegedly used by them were recovered.

(3.) On the completion of the investigation, the accused were charged for having committed offences punishable under Sections 302/323/324/34 of the Indian Penal Code and as they pleaded not guilty were brought to trial.