SAMPURAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) WARYAM Singh aged 50, Sampuran Singh aged 40 years, Kuljit Singh aged 19 years and Romesh alias Nathi aged 19 years, residents of village Masana were brought to trial before the Court of Additional Sessions Judge, Kurukshetra under Section 302 with the aid of Section 34, Indian Penal Code for committing the murder of Surinder Singh. Waryam Singh was acquitted of the charge. Sampuran Singh, Kuljit Singh and Romesh were held guilty under Section 304 Part II of the Indian Penal Code and sentenced to ten years' rigorous imprisonment each. Cr. Appeal No. 1046/78 has been filed by Sampuran Singh and others against their conviction and sentence. State of Haryana has filed Cr. Appeal No. 1484/78 against the acquittal of Waryam Singh and the aforesaid accused for the offence under Section 302/34, Indian Penal Code. Both of them will be disposed of by this judgment.

(2.) THE ultimate motive of the heinous crime is stated to be that Surinder Singh since deceased lived as a tenant in the house of Dalip Singh in village Masana for a period of about six months and during this period he developed brotherly relations with his Landlord (Dalip Singh ). Dalip Singh became mentally deranged and his brothers Waryam Singh and Sampuran Singh (accused) refused to look after him. Surinder Singh took Dalip Singh to Rohtak and got him treated from Dr. Vidya Sagar of Medical College Hospital, Rohtak. The brothers of Dalip Singh were not happy over the assistance rendered by Surinder Singh in getting him medically treated. On the night of 2012-77 some quarrel took place between the wife of Dalip Singh, on the one hand, and the wife of Sampuran Singh accused, the father and sister of Romesh accused, on the other. On 21-12-1977 Dalip Singh requested Gurcharan Singh, a neighbour to intervene and settle the dispute. The prosecution story goes that on the same day at about 7/8 a. m. , Gurcharan Singh, Surinder Singh, his father Niranjan Singh, his brother Dharampal and one Attar Singh collected in the house of Dalip Singh to settle the dispute. During the course of the meeting, Dalip Singh and Sampuran Singh exchanged hot words. Sampuran Singh remarked that Dalip Singh had collected the Panchayat to malign his (Sampuran Singh's) wife. When the two brothers were exchanging hot words, Dharampal Singh, Gurcharan Singh, Niranjan Singh and Attar Singh got up in order to leave the Panchayat. When they had hardly moved a few steps, Waryam Singh raised lalkara that it was Surinder Singh who was the root cause of the entire trouble and he should be taught a lesson. Thereupon Kuljit Singh, Sampuran Singh and Romesh gave a lathi blow each on the head of Surinder Singh. When the latter slumped on the ground, Sampuran Singh gave another lathi blow on his person. When Niranjan Singh and Gurcharan Singh, etc. tried to intervene, the accused threatened them with dire consequences. All the four accused then bolted away with their respective weapons. Surinder Singh became unconscious. Dharampal brought his tractor-trolley and took the injured towards the Civil Hospital, Kurukshetra. Gurcharan Singh got down at Police Post, Pipli while Niranjan Singh and Dharampal went to the hospital along with the injured. A. S. I. Chandgi Ram, Incharge of Police Post, Pipli recorded the statement Ex. PD of Gurcharan Singh and on the basis of that statement. F. I. R. Ex. PD/2 was registered at Police Station, thenesar at 10. 30 A. M. , on 2112-1977. The A. S. I. then proceeded to Civil Hospital, Kurukshetra to record the statement of the injured but he was declared unfit to make statement.

(3.) DR. M. P. Garg (P. W. 1) examined Surinder Singh at 10 a. m. on 21-12-1977 and found the following injuries on his person: