CHAND SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Chand Singh (22) has been convicted under Section 302, Indian Penal Code, by the learned Sessions Judge, Rohtak, and sentenced to imprisonment for life. Three co-accused, Suran Singh, Karan Singh and Sahab Singh have been acquitted. Chand Singh has filed this appeal.

(2.) Briefly, the prosecution story is that Birkha PW-7 had built a chhappar near his house under which 4/5 cots were spread. On May 4, 1986 after finishing their work, Kapoor Singh deceased, Ram Nath PW-8 and the witness himself PW. 7 came and laid down on the cots. At about 12.30 P.M. Chand Singh appellant came there. He took water from a pitcher lying there and talked for a while with the aforesaid persons and went away. The deceased went to sleep while Birkha Ram and Ram Nath kept talking to each other. At about 1 p.m. Chand Singh reappeared with a kassi in his hand. He gave a kassi blow from the sharp side to Kapoor Singh on the left side of his neck under the ear. Kapoor Singh gave out a cry. Chand Singh gave him a second blow which fell on Kapoor Singh's right hand. Birkha Ram PW-7 and Ram Nath PW-8 raised alarm. Chand Singh ran away with the kassi.

(3.) Further prosecution case is that the co-accused, Surat Singh, and Sahab Singh, were standing with their lathis outside the chhappar. On alarm having been raised by the PWs. as stated above, they ran away towards their threshing floor situated nearby, alongwith Chand Singh, Suraj Bhan, Mai Chand and Jai Bhagwan were attracted to the spot followed by other persons. Kapoor Singh was bleeding profusely. He was removed by a tractor to Medical College Hospital, Rohtak by Birkha Ram, Suraj Bhan and Mai Chand. Gopi son of Nihala and Prabhati Chowkidar were left to guard the spot. Kapoor Singh died on reaching the Medical College Hospital, Rohtak.