STATE OF HARYANA Vs. HARDEEP

JUDGEMENT

(1.) THIS appeal arises out of the following facts :- On 28th February, 1991, Hardeep accused and Rajinder Singh (since deceased) were playing Holi when Rajinder Singh asked Hardeep to repay the amount of Rs. 250/- that he had borrowed from him. As Hardeep refused to refund the money, there was a quarrel between the two. Hardeep, thereafter, left the place telling Rajinder Singh that he would clear his accounts with him within 3 or 4 days. Rajinder Singh, thereafter, made a complaint about what had happened to his brother Baljit Singh (PW3) and the latter approached accused Maha Singh son of Sardara Singh, father of Hardeep, to intervene in the matter so that the amount could be repaid to Rajinder Singh. Maha Singh, however, sided with his son and refused to intercede with him. On 4th March, 1991, at about 8.30 a.m. Baljit Singh (PW3) was returning to his Bethak after answering the call of nature and as he reached near the house of Maha Singh son of Amar Singh, he saw his brother Rajinder Singh near the house of Gopi in the street going towards the Johar (pond). He also saw both the accused emerging from the cattle shed and catching hold of Rajinder Singh. On seeing this, Baljit Singh ran towards that side to save his brother and also raised an alarm which attracted Bijender Singh (PW5) and Azad Singh (PW6) to the spot and as these witnesses reached close by, they saw that Maha Singh accused had embraced Rajinder Singh in his grip from behind and Hardeep accused giving knife blows on the left side flank of Rajinder Singh. Both the accused then ran away from the spot. On going closer, the witnesses found that Rajinder Singh had died almost instantaneously. Leaving Bijender Singh and Azad Singh aforesaid at the spot. Baljit Singh left for Police Station, Gohana to lodge the report. He, however, met ASI Kali Ram (PW 10) near village Mehmoodpur and made a statement Ex.PB to him at about 10.30 a.m. The statement with the endorsement Ex.PB/1 was sent to the Police Station, Gohana, where the formal F.I.R. was registered at about 10.45 a.m. After the recording of the F.I.R. ASI Kali Ram accompanied by other police officials and Baljit Singh (PW3) reached the place of incident and found Bijender Singh (PW5) and Azad Singh (PW6) by the side of the dead body. The police officer also made the necessary investigation at the spot and sent the dead body for its post mortem examination. The accused were arrested on 22nd March, 1991 by SI Dilbagh Singh (PW11) after they had been produced before him by Karan Singh and Narinder PWs. A disclosure statement was made by Hardeep accused in the presence of these two witnesses and a spring actuated knife was recovered for which, a case under the Arms Act was also registered against him. On the completion of the investigation, Hardeep accused was charged substantively for the offence punishable under Section 302 of the I.P.C. and under Section 25 of the Arms Act, whereas Maha Singh accused was charged under Sections 302/34 of the I.P.C. and as they pleaded not guilty, they were brought to trial.

(2.) THE prosecution examined, inter alia, Baljit Singh (PW3) and Bijender Singh (PW5), the two eye-witnesses, and also tendered for cross examination, the third eye witness Azad Singh (PW6); Dr. C.D. Sharma (PW4), who had conducted the post mortem examination on the dead body and had opined that injury No. 1 was sufficient to cause death within five to 10 minutes in the normal course of nature; ASI Inder Singh (PW7) who had recorded the F.I.R. in the Police Station; Shamsher Singh (PW8) a witness regarding the quarrel that had taken place between Rajinder Singh deceased and Hardeep accused on the occasion of Holi; Constable Om Parkash (PW9), who had delivered the special report to the Ilaqa Magistrate and the two Investigating Officers ASI Kali Ram (PW10) and SI Dilbagh Singh (PW11).

(3.) THIS plea was also taken by Maha Singh accused. Hardeep also produced on record certain documents in support of his defence.