NARENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment we dispose of two Criminal Appeal Nos. 270-DB of 1998 titled Narender Singh v. The State of Haryana and 309-DB of 1998 titled Bhajan Singh alias Fauji v. The State of Haryana, as both the appeals have arisen from the judgment dated 8-5-1998 and order dated 11-5-1998 vide which the learned Addl. Sessions Judge, Kaithal convicted appellants Narender Singh, Bhajan Singh and Paramjit Singh under S. 302/34, IPC, Bhajan Singh appellant under S. 324, IPC and his co-accused Narender Singh and Paramjit Singh under Section 324/34, IPC; appellant Narender Singh under S. 323, IPC and his co-accused Bhajan Singh and Paramjit Singh under S. 323/34, IPC and sentenced them as follows :- All the three appellants, namely Narender Singh, Bhajan Singh and Paramjit singh were directed to undergo life inprisonment and to pay a fine of Rs. 2,000.00 each, and in default of payment of fine each one was directed to undergo rigorous imprisonment for six months. The trial Court also sentenced Bhajan Singh to undergo rigorous imprisonment for six months under S. 324, IPC and the remaining appellants were sentenced to rigorous imprisonment for four months under S. 324/34, IPC. Appellant Narender Singh was imposed with a fine of Rs. 500.00 under Section 323, IPC and in default of payment of fine to undergo rigorous imprisonment for one month. The trial Court also imposed a fine of Rs. 400.00 each upon Bhajan Singh and Paramjit Singh under S. 323/34, IPC and in default of payment of fine they were directed to undergo rigorous imprisonment for one month each. It was also observed by the trial Court that all the sentences shall sun concurrently.

(2.) It may also be mentioned here that along with the three appellants Smt. Manjit Kaur wife of Paramjit Singh was also tried for the offence under S. 302 read with S.34, IPC but the trial Court was of the opinion that the prosecution has not been able to prove the charge against her beyond all shadow of reasonable doubt and, therefore, she was acquitted. The State of Haryana has not filed any appeal against Smt. Manjit Kaur.

(3.) Narender Singh-appellant is brother-in-law (Sala) of his co-accused Paramjit Singh, while Bhajan Singh-appellant is a co-villager, all the three appellants along with Smt. Majit Kaur (since acquitted) faced a trial on the allegations that on 31-7-1995 in the area of Dera Paprala in furtherance of their common intention did commit murder by intentionally causing the death of Smt. Harbans Kaur (mother of Paramjit Singh- appellant and wife of Prem Singh PW- 1) and thereby they committed an offence punishable under S. 302/34, IPC. The appellants were also charge-sheeted under Sections 324 and 324/34, IPC when it was alleged by the prosecution that Bhajan Singh-appellant caused injuries with Gandasa to Smt. Amar Kaur and thereby he allegedly committed an offence punishable under S. 324, IPC, while his co-accused Narender Singh and Paramjit Singh committed an offence punishable under S. 324/34, IPC, Third charge against the appellants was that Narender Singh voluntarily caused simple hurt to Smt. Richhpal Kaur and he committed an offence under S. 323, IPC while his two companions Bhajan Singh and Paramjit Singh committed offence punishable under S. 323/34, IPC.