GURBACHAN SINGH AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Crl. Misc. No. 5539 of 2001 is allowed and the documents Annexure A-1, the compromise and Annexure A-2, the affidavit are taken on record.

(2.) On 9.9.1994, at 10.00 A.M., Chinto Devi sister of Sukhchain Singh PW.4 had gone to the fields to fetch grass. While she was cutting grass from the fields of Suba Singh, his servant Lila Singh gave beatings to her. On reaching the house, she narrated the entire occurrence to her father Arjan Singh and her brother Sukhchain Singh. At about 6.00 P.M. Arjan Singh deceased went to the house of Kehar Singh to lodge a protest. Baldev Singh and Balbir Singh accused took ill of it. At about 8.00 P.M. Baldev Singh, Balbir Singh and Gurbachan Singh alias Maddu armed with Gandasis, Daler alias Dalai singh armed with a lathi and Balkar Singh armed with a single barrelled gun came in front of the house of Arjan Singh and started abusing. Arjun Singh, his wife Phulpati and Sukhchain Singh came out and dissuaded them from abusing, upon which Baldev Singh raised a lalkara saying that they shall settle the score once for all. Baldev Singh gave a Gandasi blow from its sharp side on the head of Arjun Singh, as a result of which he fell down on the ground. His son Sukhchain Singh PW. 4 tried to intervene but accused Gurbachan Singh gave a Gandasi blow on his head whereas Daler accused gave lathi blows on his waist and left hand. Balbir Singh accused inflicted a Gandasi blow to Phulpati mother of Sukhchain Singh on her head. Dalel inflicted lathi blows to her. Thereafter Balkar Singh, who was armed with a single barrell gun fired in the air and also raised a lalkara to finish the complainant side. It appears that Bachint Kar was also injured. On hearing the alarm, besides Sukhchain Singh who was already there, Nimbo Devi wife of Sukhchain Singh PW.6, his brothers Rita Singh PW.5 and Angrej Singh came to the spot and saved the injured and the complainant. Daler also inflicted lathi blows to Nimbo Devi. Nimbo Devi went to the house of Lambardar and fetched a jeep and took Arjun Singh, Phulpati and others to Civil Hospital, Narwana. However, Arjun Singh lather of Sukhchain Singh succumbed to the injuries in the hospital.

(3.) On receipt of information from the hospital, SI Jasrath Singh PW. 16 went there. He sought opinion of the doctor vide application Ex. PT as to whether Sukhchain Singh injured was fit to make a statement and vide opinion Ex.PT/1 he was declared fit to make a statement. Vide opinion Ex.PT/1 he was declared fit to make a statement. Vide opinion Ex.PT/3 Phulpati injured was declared unfit to make a statement. Thereafter he recorded the statement of Sukhchain Singh Ex.PK. all 3.15 P.M. and sent the same for registration of the case and on its basis formal F.I.R. Ex.PJ was recorded at 4.15 A.M. on 10.9.1994. He prepared inquest report Ex.PC/2 on the dead body of Arjun Singh and sent the dead body for post mortem. Thereafter the Investigating Officer went to the scene of occurrence and got the spot photographed lifted blood stained earth vide memo Ex .PL; took into possession of Juti Ex.P16 and P-17 vide memo Ex.PM and prepared rough site plan Ex.PTT of the place of occurrence. The underwear of Arjun Singh Ex.P22, Gadela Ex.P24 and two khes Ex.P23 and P-26 were taken into possession vide memo Ex.PV. He again went to the hospital and re corded the statements of Phulpati and Chinio Devi. On 18.9.94, Balbir Singh, Baldev singh and Daler Singh accused were arrested. In pursuance of their disclosure statements Ex.PW14/A, Ex.PW14/B and Ex.PW 14/C, Baldev Singh, Balbir singh and Daler accused got recovered gandasis Ex.P-21, P-18 and lathi Ex.P 19 which were taken into possession vide memos Exs.PW15/B, PW15/D and PW15/E respectively. On 24.9.1994, Gurbachan Singh and Balkar Singh accused were arrested. In pursuance of his disclosure statement Ex.PW16/D Gurbachan Singh accused got recovered Gandasi Ex.P-20 which was taken into possession vide memo Ex.PWl6/F. After completion of the investigation, the accused were put to trial.