MAHABIR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction dated 04.06.2001 and order of sentence dated 07.06.2001 passed by the learned Addl. Sessions Judge, Rohtak, whereby he convicted and sentenced the Appellants Mahabir Singh, Raju, Satbir, Satish and Zile Singh to undergo imprisonment for life and to pay a fine of Rs. 10,000/ -each for the offence punishable under Sections 302/149 IPC. In default of payment of fine, the defaulter was directed to undergo further simple imprisonment for a period of two years. The Appellants have been further directed to undergo rigorous imprisonment for two years and to pay a sum of Rs. 1000/ -each. In default of payment of fine, the defaulter was directed to undergo further simple imprisonment for a period of three months.

(2.) THE prosecution case was set in motion on the statement of Jitender Singh son of Raghbir Singh (deceased) made to ASI Sat Pal, who alongwith other police officials has reached Village Jassia on receipt of telephonic message, on 24.05.1995. In his statement (Ex.PF), Jitender stated that about 8/9 months ago, there had been a quarrel between their family and family of Zile son of Teka. In that quarrel, one person from each side was killed. Both the parties have been challaned and are facing trial and are on bail. His father was released on bail on 03.05.1995. He further stated that today i.e. 24.05.1995 at about 10.00 AM, he, his father Raghbir Singh and his uncle Bhoop Singh son of Bharat Singh were going from their house to the house of his paternal uncle Krishan. When they reached near the house of Chand son of Hazari, one Eicher tractor being driven by Satbir son of Zile Singh came from behind. Zile Singh, Mahabir, Satish, Raju and Ashok were sitting on that tractor. Satbir suddenly stopped the tractor. He stated that Zile and Raju were armed with lathies and the remaining persons were armed with pharsas. He and his companions were empty -handed. On seeing them, Zile exhorted his companions 'le lo' (take them) and immediately thereafter, Ashok and Satish dealt one blow each with their pharsas on the back side of head of his father Raghbir Singh. Satbir and Mahabir also dealt one pharsa blow each on the head of his father. His father fell down. Then Zile and Raju gave lathi blows to his father, who was lying on the ground. He and his uncle Bhoop Singh saw the incident and then the assailants proceeded towards them, but they managed to escape away from the place of occurrence. Thereafter, they reached their home and informed their family members about the incident and then he alongwith his paternal uncle Bhoop Singh and his cousin brother Asha Ram son of his paternal uncle Jagbir Singh reached the spot and on seeing them, Zile and other accused alongwith their respective weapons went away from the place of occurrence on their tractor. His father succumbed to his injuries at the spot. He further stated that his father has been murdered by the accused as they had been nourishing enmity because of previous murder. On the basis of such statement, ruqa (Ex.PF/1) was sent to the police station for registration of an FIR. On receipt of ruqa, an FIR (Ex.PF/2) was lodged by SI/SHO Abdul Majid at about 2.30 PM for the offence punishable under Sections 148/302/149 IPC. The special report was received by the learned Duty Magistrate at 4.30 PM.

(3.) AFTER completing the necessary investigations, all the accused were made to stand trial for committing murder of Raghbir Singh son of Duli Chand, resident of Village Jassia on 24.05.1995. However, during the pendency of trial, Ashok Kumar was found to be juvenile. Consequently, vide order dated 03.07.1999, Ashok Kumar was directed to be produced before the Juvenile Court alongwith supplementary challan in view of the fact that he was found to be juvenile on the date of commission of crime.