JAIPAI SLNGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) JAIPAL Singh has been convicted by the learned Additional Sessions Judge, Rohtak, under Section 302 of the Indian Penal Code, on each count, for causing death of six persons namely, Bhartu, Balwan, Hawa Singh, Smt. Kamli, Smt. Sunehri and Smt. Murti. The learned Additional Sessions Judge directed that Jaipal Singh accused be hanged by the neck till he is dead. This Murder Reference is for confirmation of the death sentence of Jaipal Singh accused. The accused has also filed an appeal against his conviction which has been registered as Criminal Appeal No. 341 of 1970.

(2.) THE prosecution case, as disclosed in the statement of Om Parkash (P.W. 2), made to Assistant Sub -Inspector Vidya Parkash (P.W. 14), which became the basis of the first information report lodged at Police Station Meham on the 26th of June, 1969, at. 6.30 a.m., is that Bhartu, father of Om Parkash, and Khem Singh, father af Jaipal Singh accused had quarrelled with each other 25 years ago. Bhartu deceased had given Jelly blow to Khem Singh, but subsequently there was a compromise between the parties. Thereafter small children of the families of the parties had been quarreling with each other. About 20 days ago, Om Parkash and Deputy, brother of Jaipal Singh, had quarrelled with each other in the field on the passage when both of them received minor injuries. This further strained the relations between the two families. On the night intervening 25th and 26th of June, 1969, it is alleged that Om Parkash, his father Bhartu deceased, and his brother Balwan deceased were sleeping outside in their enclosure on separate cots. At about midnight there was drizzling when all the three took their cots inside the Kotha. After a while, when the drizzling stopped, Bhartu and Balwan, deceased took out their cots from the Kotha, but Om Parkash continued to lie on the cot inside the room. It is alleged that after about an hour, Jaipal Singh, accused armed with a double barrelled gun and a bandolier containing cartridges came to their enclosure and fired first shot in the chest of Bhartu deceased and also shot at Balwan deceased. Om Parkash witnessed the occurrence from inside the Kotha. The prosecution case is that after having murdered Bhartu and Balwan, Jaipal Singh accused rushed towards the house of the deceased party inside the village Abadi and Om Parkash followed the accused hiding himself. In the house in the village Abadi, the accused is alleged to have fired shots at Hawa Singh deceased, brother of Om Parkash, who was sleeping in the Poli, i.e., the outer room of the house. Smt. Kamli, mother of Om Parkash got up and came towards Hawa Singh, when the accused is alleged to have fired bullet shot on the left side of her breast as a result of which she fell down. He then fired at Smt. Sunehri and Smt Murti, the sisters of Om Parkash; whereas Mst. Chotto sister -in -law of Om Parkash got herself hidden behind a small wall arid was saved. It is mentioned in the first information report that after killing all these persons, the accused went away with his gun. Dhoop Singh and Jangli P. Ws. reached the spot and witnessed the accused coming out from the house of the deceased persons armed with gun Exhibit P. 1 to which was tied a torch Exhibit P. 2 and the accused" was wearing a bandolier Exhibit P. 3. Thus it would be seen that the allegation against the accused is that he killed 6 persons of the family of Bhartu and went away along with the gun Exhibit P. 1, which was fitted with a torch, Exhibit P. 2.

(3.) THE accused in his statement recorded under Section 342 of the Code of Criminal Procedure, admitted that he was the uncle of Om Parkash P.W. in the 3rd degree and that his house adjoins the house of Om Parkash P.W. outside the Abadi of village Mokhra Kheri Roz and that he had another house in the village Abadi, which also adjoins the Abadi house of Om Parkash P.W. The accused also admitted to have made an application Exhibit P.Z./l, but stated that he did not remember the names of the persons against whom the application was made. He admitted that a compromise Exhibit P.Z./2 between the accused on the one side and Bhartu, Balwan, Hawa Singh, deceased, and some other persons on the other side, was entered into. He also admitted the purchase of the cartridges as suggested by the prosecution but he denied the prosecution story. In reply to the question as to why was this case against him, he stated that on the night of occurrence, he was sleeping in his Abadi house with his gun Exhibit P. 1. At about mid -night, somebody accompanied by another person came there, and pulled his gun on which he woke up. When he woke up, that other person gave a Lathi injury on his head and he fell unconscious. His gun was taken away by those persons and when he regained consciousness in the morning, he went to the Assistant Sub -Inspector Vidya Parkash, who was staying in village Chaupal, and narrated him the whole incident and requested him to register a case. The Assistant Sub -Inspector kept the accused with him for gome time and then the gun Exhibit P. 1 was found at the place of occurrence, and he was implicated falsely in the case. He further explained that his clothes, the shirt, the Dhoti and the Chadar, had received blood stains because of the injuries sustained by him and that due to darkness, he could not identify the two persons who had come while he was sleeping. He further stated that Balwan and Hawa Singh were married in village Loa Majra with the sister of Raj Singh and that Raj Singh and the wives of Balwan and Hawa Singh were implicated in a murder case. The enemies of Raj Singh and these two ladies have committed these murders.