KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 308-DB of 1989 as well as Criminal Revision No. 139 of 1990 as both them have been directed against the same judgment of the learned Additional Sessions cage, Sonepat, dated 29th July, 1989, whereby artar Singh, Rajbir Singh, Rakesh Kumar and jaibir - appellants, were convicted and sentenced under: The sentences of imprisonment awarded to appellants Rajbir Singh and Jaibir were, however, ordered to run concurrently. By way of Criminal Appeal No. 308- DB of 1989 the appellants Kartar Singh, Rajbir Singh, Rakesh Kumar and Jaibir have challenged their conviction and sentence whereas Criminal Revision No. 139 of 1990 has been filed by complainant Hoshiar Singh against the acquittal of Kartar Singh and Rakesh Kumar appellants under section 302 read with section 34 of the Indian Penal Code. Hoshiar Singh-complainant has further prayed that adequate compensation be awarded to the legal heirs of Devineder Singh (deceased).

(2.) Prosecution story, in brief, is that on 11th July, 1988, Hoshiar Singh-complainant along with Raj Singh and Sukhbir Singh was silting on a cot in the street. At about 10 p.m. his son Surender came in the street for urination. Accused Kartar Singh and his sons Jaibir, Rajbir and Rakesh Kumar took exception to the same whereupon Surender replied that it was a thorough fare. At this, Rajbir Singh and Jaibir accused, who were armed with Jailis, Rakesh Kumar, who was Name of the appellant 1. Conviction Under Section 2. Sentence

(3.) Kartar singh, Rajbir singh, Rakesh kumar and jaibir 307 read with Section 34 I.P.C Rigorous Imprisonment for three years and fine of Rs. 200% - each, in default where of to undergo further Rigorous Imprisonment for three months. Rajbir Singh 302 I.P.C Rigorous Imprisonment for life and fine of Rs. 300/- in default where of further Rigorous Imprisonment for three months. Jaibir 302 read with section 34 IPC Rigorous Imprisonment for life and fine of Rs. 300/ in default whereof further rigorous Imprisonment for three months. aimed with Balam and Kartar Singh, who was armed with Lathi, came down upon Surender with their respective weapons. On hearing the alarm, Devinder Singh, cousin of Surender reached the spot. Rajbir thrust Jaili in the chest of Devinder Singh while Jaibir gave Jaili blow lathiwise on the head of Devinder Singh. Devinder Singh succumbed to the injuries at the spot. Hoshiar Singh, Raj Singh and Sukhbir Singh reached the spot. The accused then ran away from the spot with their respective weapons. Surender was removed to Delhi hospital by Raj Singh in an injured condition while Sukhbir remained with the dead body of Devinder Singh which was brought inside his house. Hoshiar Singh complainant went to the Police Station to lodge the report and on his report the case was registered and investigated.