LABH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) FATHER -in-law Rulia Singh and mother-in-law Smt. Akki of the author of the First Information Report named Niranjan Singh were both killed by someone around 10.30 P.M. on 24th July, 1986 inside their house in village Amani, Police Station Tohana, district Hissar. Grand-daughter of the two deceased named Kumari Mohinder Kaur aged about 11 years who was allegedly sleeping by their side at the relevant time detected it on her sudden awakening on hearing gurgling sound emanating from their throats and raised alarm attracting Pohla to the place of occurrence. After seeing injuries on the person of the two deceased caused with a sharpedged weapon, Pohla along with Gurcharan Singh and Surjit Singh came to the house of Niranjan Singh and apprised him of it around 12.30 A.M. on 25-7-1986. Niranjan Singh in turn came to the Police Station, Tohaus and lodged the First Information Report therein at 1.30 A.M. on the same day. The special report of the occurrence reached the Illaqa Magistrate at 8.15 A.M. on 25th July, 1986.

(2.) DURING the course of investigation it came to be known that the two accused; who are real brothers inter se had a grievance against deceased Rulia Singh for his having not stood by them to advance them loans on all the three occasions of their need and accused Labh Singh was seen by Mohinder Kaur P.W. 13 hovering around the place of occurrence shortly thereafter. Other circumstances appearing against the two accused were extra-judicial confession allegedly made by them before Thakar Singh P.W 16, disclosure and discovery of the weapon of offence and the ring belonging to the deceased at the instance of Labh Singh accused from inside his conscious possession and identification of the ring aforesaid by Mohinder Kaur P.W. 13 as one belonging to Rulia Singh deceased.

(3.) VIDE its impugned judgment dated 11th January, 1988 learned trial court convicted both the appellants of the commission of the offence under section 302 read with section 34 of the Indian Penal Code for having murdered both Rulia Singh and his wife Smt. Akki in pursuance of their common intention shared by them both and sentenced each one of them separately to undergo imprisonment for life and to pay Rs. 500/- as fine. In default of payment of fine each one of the two co-accused was ordered to undergo individually rigorous imprisonment for a further period of six months. Feeling aggrieved therefrom both the convicted accused have jointly filed Criminal Appeal No. 137-DB of 1988 in this Court.