MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mohinder Singh and Sahab Singh, the two sons of Pirthi Singh have been convicted under section 302/34 of the Indian Penal Code for having caused the death of Dharam Pal, which took place on 27.10.1987 in P.G.I., Chandigarh and they have been sentenced to imprisonment for life by Shri S.C. Jam, AddI. Sessions Judge, Karnal on 10.10.1988. Aggrieved against it, the present appeal has been attempted.

(2.) Briefly, the story of the prosecution is that on 26.10.1987 at about 4 P.M., Dharam Pal was sitting on a culvert in village Balla within the jurisdiction of police station Gharaunda of district Kamal and Mohinder Singh and his brother Sahab Singh both armed with lathis emerged there and caused one injury each on head of aforesaid Dharam Pal who fell on the ground. Thereafter, as well one injury on the left arm and the other on the waist was caused by the accused. The occurrence was seen by Kanwar Singh who is the uncle of the deceased and also by Dayal Singh. The injured was first taken to Primary Health Centre in village Balla itself and Medical Officer dressed the injuries and referred the injured to Karnal where the treatment continued upto 26.10.1987. It was on 27.10.1987 that Dharam Pal who could not regain consciousness was referred to P.G.I., Chandigarh. It was on 28.10.1987 that the present case was registered on the statement of Kanwar Singh, an eye-witness who is the uncle of aforesaid Dharam Pal who ultimately diedat4 P.M. on 29.10.1987 in P.G.I., Chandigarh.

(3.) It appears that a couple of days earlier the tractor belonging to the accused had struck against a buffalo belonging to Dharam Pal and the latter had made a protest on the strifling and it was allegedly disliked by the two accused.