RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal by Raghbir Singh son of Hira Lal, Pritam Singh, Prem Pal and Jai Bhagwan @ Balli sons of Raghbir Singh, is against the judgment of conviction dated 30.1.2002 and order of sentence dated 1.2.2002, whereby they were convicted for the offences punishable under Sections 148/302/149 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- each for the offences under Sections 302/149 IPC. They were also sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 148 IPC. Bhira, brother of Jeeta-deceased has lodged a complaint Ex.PA on 20.10.1999 at about 9.00 AM. The occurrence was purportedly said to have taken place on 19.10.1999 at about 9.00 PM. It has been stated by Bhira in his statement (Ex.PA) that he has seven brothers. Out of the aforesaid seven brothers, he, Jeeta, Krishan and Dheeru are living in Daya Nagar Basati Taraori in separate houses, whereas Pritam Singh, Prem Pal, Balli, Puran sons of Raghbir Singh are also living in his neighbourhood. Both the parties are Ahir by caste. He stated that on 19.10.1999 at about 9.00 PM, Pritam Singh, Balli, Prem Pal, Puran and their father Raghbir Singh under the influence of liquor, were quarreling and were causing injuries to each other and calling bad names. He further stated that his brother Jeeta intervened and tried to persuade the accused, but they did not bother. He further stated that at that time, the said four brothers and their father Raghbir Singh armed with lathies chased Jeeta. Raghbir Singh gave lalkara that Jeeta should be finished as he daily intervenes. Then Pritam Singh, Balli and Prem Pal hurled lathi blows on the different sides of head of Jeeta as a result of which, he (Jeeta) fell down. Thereafter, Puran and his father Raghbir Singh also gave repeated lathi blows, while he was lying on the ground. Kela wife of Raghbir Singh also after picking up brick threw upon his brother Jeeta, which hit on his private part. He (Bhira) and his nephew Karambir saw the occurrence from the outside of the house. They raised hue and cry and rushed towards Jeeta for his rescue. He further stated that then Puran gave a lathi blow to him and to save himself, he raised his left hand and the lathi hit on his little finger of left hand. Thereafter, a number of men and women of the locality came at the spot and the accused after seeing them fled away from the spot alongwith their respective lathies. He and his nephew Karambir lifted Jeeta and started to go towards his house. There was heavy rush and his brother Jeeta ran away towards Rajbaha. In the morning, they found his (Jeeta) dead body on a cot in front of the house of Gobinda S/o Balaka Ram R/o Futti Taraori, due to injuries caused during night.

(2.) The prosecution in support of its case has examined Dr. Shashi Prabha as PW-3, who has conducted the post-mortem examination on the dead body of Jeeta at 1.10 PM on 20.10.1999. The post-mortem report is Ex.PC. Dr. Shashi Prabha (PW-3) has deposed that the probable time that has been elapsed was variable, but duration between death and post mortem report was 36 hours. She has also reported that all the injuries were ante- mortem in nature and sufficient to cause death in normal course of life. On dissection of scalp haemotoma was present under the scalp on the right frontal parietal temporal and occipital region of the scalp. She has deposed that following injuries were found on the person of Jeeta:

(3.) Apart from the medical evidence and other official witnesses, the prosecution has also examined Bhira (PW-7) and Karambir (PW-8), the eye-witnesses to prove the guilt against the accused. It has also come on record during the course of cross- examination of Karambir (PW-8) that the distance between the house of Gobinda and house of Jeeta is one kilometer. Bhira (PW-7), brother of the deceased has admitted in his cross-examination that the blood was oozing from the injuries of his brother Jeeta from his head and other part of his body. He further stated that he lifted Jeeta after the occurrence and then he left the spot and went to the house of his friend. He further stated that he has not tried to take Jeeta to the hospital at that time because he also sustained injuries. He did not inform the police as well. Even after return from the hospital, he did not inform the police. Dr.A.P.Bhatia (PW-5), who has medico- legally examined Bhira at Nilokheri, at some distance from the village of occurrence, has found that there was diffused swelling on the anterior surface of little finger left side and in the middle phalanx, lacerated wound of 2 cm x .5 cm lying obliquely skin deep. As per the medico-legal report Ex.PE, the injury received by Bhira was minor injury on the little finger of left hand.