MAKHAN SINGH ALIAS BAGAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 06.12.2001 passed by learned Additional Sessions Judge, Fatehabad in Sessions Case No. 36 SC of 99/2000 by which the accused-appellant had been convicted under Section 302 of the Indian Penal Code. The learned trial Court vide order dated 08.12.2001 had sentenced the accused-appellant to undergo rigorous imprisonment for.life and. to pay a fine of Rs. 5,000/-, in default, to suffer imprisonment for one year more.

(2.) The case of the prosecution in short is that P.W. 12. Bawaria Singh, had lodged an F.I.R. (Ex.PJ) under Sections 302/120 8134 of the Indian Penal Code to the effect that his brother Atma Singh had been murdered by accused Makhan Singh @ Bagar and Gurvinder Singh @ Kala Singh in furtherance of their common intention because Makhan Singh @ Bagar had a suspicion that Atma Singh (deceased) was having the illicit relations with the wife of Bhola, his brother. According to the complainant, accused Makhan Singh @ Bagar and Gurvinder Singh @ Kala Singh had come to their house about 2 days ago before the occurrence and had threatened his brother Atma Singh (deceased). It is the further case of the complainant that his brother Atma Singh (deceased) was unmarried and was employed as an agricultural labourer with Amrik Singh. On 10.9.1999 Atma Singh went to sleep on the tubewell of Amrik Singh from their house at about 8.30 P.M. According to complainant, at about 10.00 P.M. he received the information from Balbir Singh (PW- 10) that dead body of his brother Atma Singh is lying in front of the field of Amrik Singh and at this, he (PW-12) and Gurdip Singh reached the spot and they found the dead body of Atma Singh having sharp edged injuries on the head and neck.

(3.) After registration of the F.I.R. investigation was taken up on completion of which the accused persons were challaned under Sections 302 and 120-B of the Indian Penal Code for committing the murder of Atma Singh. The offence alleged being exclusively triable by the Court of Sessions, the case was committed for trial to the Court of learned Sessions Judge, Fatehabad. On completion of investigation, charge was framed against the accused persons under Sections 302 and 120-B of the Indian Penal Code to which they pleaded not guilty and claimed to be tried.