DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BOTH these appeals are against the order of the Additional Sessions Judge, Sirsa dated 1.9.1989 convicting and sentencing the appellants. Vide the impugned judgment, all the four appellants (in both the appeals, i.e. Darshan son of Jagira, Raja son of Jangira, Raja son of Jangira, Darshan Singh son of Bira and Jaggi son of Pilla Singh) were convicted under section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life and a fine of Rs. 2000/- each - in default of payment of fine to further undergo rigorous imprisonment for three years. Raja was also convicted under section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. His other three co accused have also been convicted under section 324/34 of the Indian Penal Code an sentenced to undergo rigorous imprisonment for one year. Darshan son of Bira was convicted under section 323 of the Indian Penal Code ans sentenced to undergo rigorous imprisonment for one year and his three co accused, namely, Darshan son of Jangira, Raja and Jaggi under section 323/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of six months each.

(2.) THE facts of the present case, in brief are that on 30th of August, 1988, at about 9 p.m., Jagga Singh (PW-4) and his brother Dunger Singh (now deceased) were returning after having a talk with Gurcharan Singh about votes to their house and hardly reached near the house of Gurdial Singh that they saw Raja son of Jangira, Darshan son of Jangira, Jaggi son of Pilla Singh and Darshan Singh son of Bira Mazhabi Sikh by caste, residents of Singh pura on the way. All these persons were armed with gandasas. As per statement of Jagga Singh, his brother Dunger was a head of him. On seeing them all the four above mentioned persons remarked that Jagga Singh and Dunger Singh be taught lesson for getting recovered chura post from them. Immediately after saying so, Raja gave gandasa blow to Dunger hitting him on his head. Thereafter Darshan son of Jangira gave another blow on the head of Dunger Singh who fell down. Accused Jaggi gave gandasa blow to Dunger which hit him on his face. Jagga Singh (PW-4) raised alarm'mar diya mar diya' and hearing this noise, his brother Nachhattar Singh and one Jang Singh son of Bugar Singh, residents of the village reached the spot, Within their sight also, Jaggi accused gave another gandasa blow to Dunger while he was lying gallen. With a view to shelter his brother from the blows of the accused, Dunger fell on his brother. Thereafter Raja gave a gandasa blow that hit Jagga on the back of his head. Darshan Singh gave gandasa blow lathiwise on the back of the waist of Jagga Singh (PW-4). Thereafter all the accused gave blows to Dunger from the blunt side of their gandasas. Dunger succumbed to the injuries at the spot. Jagga Singh arranged jeep of Sukhdev Singh and took deadbody of Dunger to Kalanwali hospital. Since the Doctor was not available there, he took the deadbody to Odhan hospital. On the same day i.e. 30th of August, 1988, at about 11.45 p.m., Jagga Singh was medically examined by Dr. O.P. Chanania (PW-1) who found the following injuries on his person :-

(3.) DR . Kitab Singh (PW-3) handed over the clothes Ex. P-5 to P-9 of Dunger deceased in a sealed parvel and the same were sent to the Forensic Science Laboratory, Madhuban, who found human blood on these clothes vide report Ex. PK/1.