SATNAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) REAL brother of the deceased name Attar Singh reported to S.I./S.H.O. Nafe Singh of Police Station, Nissing at Pucca Khera Bus Stand around 2.00 P.M. on 18th August, 1986 that his younger brother Kidar Singh (now deceased) was called from his house in village Anchla at 4.00 P.M. on the previous day viz 17th August, 1986 by Satnam Singh accused and his nephew (of accused Satnam Singh) named Avtar Singh alias Tari and all the three left the house together saying that they were going to the fields. Kidar Singh did not get back home till 11.00 A.M. on 18th August, 1986 when his elder brother Attar Singh, author of the First Information Report and his uncle in brother/hood named Maha Singh together started searching for him. Ex-Sarpanch Multan Singh and Om Parkash son of Kala Ram, both Gujjars; who met the search party on the way told them that on the previous evening they had seen Satnam Singh, Avtar Singh and Kalu beating Kidar Singh near the dera of Fauja Singh, father of Satnam Singh accused. Both the persons searching for Kidar Singh then came to the dera of Fauja Singh and found Kidar Singh lying dead therein on a cot. There were injuries on the face and forehead of the deceased, blood had oozed out from the penis and froth had come out of the mouth. The motive for killing mentioned by Attar Singh to the police was that sale price of the he-buffalo allegedly sold by Kidar Singh to Satnam Singh was yet payable by accused to the deceased and, therefore, to avoid making this payment the three accused had in pursuance of their common intention shared by them all, intentionally done Kidar Singh to death.

(2.) ON being charged with the commission of offence under section 302 read with section 34 of the Indian Penal Code for having intentionally caused the death of Kidar Singh deceased in pursuance of their common intention shared by them all the three, the three accused pleaded 'not guilty, thereto and claimed to be tried. Vide its impugned judgment dated 24th February, 1988 learned trial court convicted all the three accused of the commission of the offence under Section 302 read with section 34 of the Indian Penal Code and sentenced everyone of them separately to undergo imprisonment for life for their individual conviction aforesaid. Feeling aggrieved therefrom, all the three accused have jointly filed Criminal Appeal No. 105-DB of 1988 in this Court.

(3.) AUTHOR of the First Information Report and elder brother of the deceased named Attar Singh PW 2 states :-