STATE OF HARYANA Vs. HAZARI

JUDGEMENT

(1.) HAZARI and Rameshwar accused were charged under Section 307 read with Section 34 of the Indian Penal Code respectively for attempting to commit the murder of Hari Singh son of Hazari aforesaid, tried, and acquitted by Sessions Judge, Hisar vide his order dated 10th December, 1981. In brief facts relevant for the disposal of this case as emerge from the First Information Report lodged by Hari Singh injured are that he was married with Shanti Devi in consideration of his sister's marriage with the latter's brother. About 13 years back Hari Singh separated from his father and at that time his father gave him five killas of land for cultivation and he started residing there in a small hut (dwelling unit). After sometime his father too started living with him. About three years back Hari Singh left that place because of domestic, quarrel and started living with his family in village Khara Barwala. Last year he had leased out his land to his father for a consideration of Rs. 1500/-. Duration of that lease had expired. On the previous night i. e. on the night of 18-4-1981 he along with his wife Shanti Devi was proceeding to their aforesaid land for cleaning water course. As they reached near their Dhani, his father and brother Rameshwar met them and told them not to go to the land and that Hari Singh had no share in that land. Hari Singh insisted that he would cultivate his share of the land and he would use the water course in order to utilize his turn of water of the following day. Rameshwar accused told Hari Singh that in case he valued his life he should go back and that he would not permit Hari Singh to enter the land at any cost. Out of fear both Hari Singh and his wife Shanti turned, back in order to go back to their house in village Khara Barwala. At about 11 P.M. as they reached near the Dhani of Bhago son of Shanker situated in the area of village Sadalpur at a distance of 21/22 killas from his fields. Rameshwar and his father Hazari way laid Hari Singh PW. Rameshwar raised a lalkara exhorting his father and co-accused Hazari to shoot Hari Singh and not to allow him to escape. Immediately thereafter Hazari accused filed from his country made pistol hitting Hari Singh PW on the right hand side of his back, as well as his right arm. Both Hari Singh and his wife Shanti raised alarm 'Mar Diya, Mar Diya' hearing which both the accused ran away from the spot and Hazari accused took away his pistol with him at that time. Hari Singh was then brought by his wife Shanti to the Dhani of her brother Balwant Singh situated at a distance of 2-1/2 Kos from the place of occurrence. The latter brought Hari Singh injured on Camel Back to Civil Hospital Adampur. As the doctor was not available there they went to Police Post where Hari Singh lodged the report with SI Chander Mohan.

(2.) HARI Singh was then removed to Civil Hospital, Hisar where he was medically examined on the next morning of the occurrence at about 8.30 A.M. by Dr. D. R. Chug, who found the following injuries on. his person :

(3.) ON behalf of the State, it was submitted that the testimony of Har Singh injured together with the testimony of his wife Shanti and the testimony of Balwant Singh PW, to whom Hari Singh narrated the entire occurrence and the medical evidence on the record is sufficient to prove the ocular account concerning the manner in which Hari Singh was fired at by his father Hazari on the exhortation of Rameshwar, and the same is sufficient to bring home charge under Section 307 of the Indian Penal Code against Hazari and under Section 307 read with Section 34 of the Indian Penal Code against Rameshwar accused.