BHUPINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 14.09.2005 and order dated 21.09.2005, rendered by learned Sessions Judge, Yamunanagar at Jagadhri, in Sessions Case No. 11 dated 01.03.2002. The appellants were charged with and tried for the offences punishable under Sections 302/323/449/450/149/148 of the Indian Penal Code (for short 'IPC'). They were convicted and sentenced to undergo imprisonment for life under Section 302 read with Section 149 IPC. They were also ordered to pay a fine of Rs. 2,000/- (Rupees Two Thousand) each, and in default of payment of fine, they were ordered to further undergo rigorous imprisonment for a period of three months each. They were also convicted and sentenced to undergo rigorous imprisonment for a period of five years each under Sections 449/450 read with Section 149 IPC for committing the offence of house trespass. A fine of Rs. 1,000/- (Rupees One Thousand) was also imposed on each of the appellant, and in default of payment of fine they were ordered to further undergo rigorous imprisonment for a period of one month each. The appellants were also convicted and sentenced to undergo imprisonment for one year each under Section 148 IPC. All the sentences were ordered to run concurrently.

(2.) Appellants Tara Singh, Gurmeet Singh and Didar Singh died during the pendency of this appeal. Hence, appeal qua them stood abated vide order dated 05.03.2020.

(3.) The case of the prosecution, in a nutshell, is that on 27.11.2001, Sunder Singh SI was on patrolling duty in the area of Chhachhrauli. Constable Shamsher Singh met him and handed over a ruqa Ex.PA sent by the doctor to the Police Station. He reached Police Post Rakshak Vihar, Jagadhri. After receiving ruqa and MLR of Harjit Singh, he went to Civil Hospital, Jagadhri. He came to know that Harjit Singh had already been referred to PGI, Chandigarh. DDR No. 26 was recorded on the basis of statement of Harjit Singh Ex.PM. According to the contents of the statement of Harjit Singh, he and his brother Paramjit had litigation with Gurnam Singh etc. About 5-6 months back, a quarrel took place between them. A case was registered against Gurnam Singh etc. On 26.11.2001, he was sleeping in his house after taking his food. His brother Balbir Singh, father Jaswant Singh and Paramjit Singh were also sleeping. At about 9.00/10.00 PM, Gurnam Singh, Bhupinder Singh, Tara Singh, Didar Singh and Gurmeet Singh entered into the room, in which he was sleeping. Gurnam Singh removed quilt from his body and set him on fire by sprinkling kerosene oil on his body. Bhupinder Singh gave a lathi blow to Paramjit Kaur, sister-in-law of Harjit Singh. His brothers Balbir Singh and Paramjit Singh also reached there. Tara Singh gave a lathi blow to Paramjit Singh. Didar Singh gave a lathi blow on his left hand. Gurmeet Singh gave lathi blow to Balbir Singh on his head and shoulder. Thereafter, the accused ran away from the spot. On 28.11.2001, Sunder Singh SHO along with Tarsem Singh ASI and other police officials went to village Haidarpur to verify the facts. The place of occurrence was photographed. The articles i.e. quilt Ex.P5, dari Ex.P6, pillow Ex.P7, bed sheet Ex.P8, bottle Ex.P9, plastic can Ex.P10, another plastic can Ex.P11, parna Ex.P12, turban Ex.P13, vest Ex.P14, pant Ex.P15, shirt Ex.P16, another pant Ex.P17 and one cot Ex.P18 were taken into possession. FIR Ex.PQ was registered. On 05.12.2001, a message was received from PGI, Chandigarh that Harjit Singh had expired. Tarsem Singh ASI conducted the inquest proceedings under Section 174 Cr.P.C. He moved an application for post-mortem examination. The investigation was completed and challan was put up after completing all the codal formalities.