SUKHVINDER SINGH & JAGGU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeals arise out of the following facts:

(2.) Mohinder Singh (PW-5) a resident of village Gajiana was one of four brothers, he being the eldest followed by Joginder singh (since deceased). On 15.9.1993. the two brothers alongwith their families were lying in their respective rooms after having had their dinner. At about 11.00 p.m. Didar singh accused came to the outer gate of the house and called out. On which Mohinder Singh and Joginder Singh went outside and, found him and his brother Avtar Singh standing outside carrying a kirpan and gandasi respectively. As soon as Joginder Singh came out from the gate. Didar Singh and Avtar Singh caused several blows on his person with their weapons. Mohinder Singh also observed that a third person armed with a lathi who could not be identified as also standing there and he also caused several lathi blows on Joginder Singh and while running away caused one lathi blow to him as well. The Raula raised on account of the incident attracted several persons at the spot including Dalbir Singh. The accused then ran away from the spot. The motive for the occurrence as that about a month earlier a quarrel had ensued between Mohinder Singh and the accused with regard to the common boundary between their fields. Joginder Singh who "as in a serious condition was removed to the community Health Centre. Ladwa and a ruga was sent by the doctor to the police station. Mohinder Singh's statement (Exh. PA) was recorded by PW-8 Hari Ram at 1.45 a.m. on 16.9.1993. on the basis of which an F.I.R. under section 326 of the Indian Penal Code was registered at Police Station. Ladwa at 1.50 a.m. the special report being delivered to the Illaqa Magistrate, at Kurukshetra at 10.00 a.m. As the condition of Joginder Singh was serious. he was first removed to Kurukshetra and thereafter to the P.G.I. Chandigarh v here he succumbed to his injuries at about 1.15 p.m. on 16.9.1993. On the completion of the investigation all the three accused were charged for offences punishable under Section 302/34 of the Indian Penal code and as they pleaded not guilty were brought to trial.

(3.) In support of its case the prosecution examined inter-alia. PW-1 Dr. Pankaj Aggarwal of the community Health Centre, ladwa, who had medico-legally examined Joginder Singh at 12.3 a.m. on 16.9.1993 and had found several injuries on, his person and had also sent a ruqa to the police station which had brought HC Hari Ram to the Health Centre whereafter Joginder singh had been referred to the hospital at Kurukshetra, PW-5 Mohinder Singh and PW-6 Harjeet Singh the two eye-witnesses of the occurrence: PW-8 Head Constable Hari Ram, who had recorded Mohinder Singh's statement at the community Health Centre which had led to the registration of the F.I.R., PW-9 B.K. Baishya. Senior Resident, Department of Neuro Surgery. PGI who stated that Joginder Singh had been admitted to the PGI at 7.30 a.m. on 16.9.1993 and that he had died at about 1.15 p.m. the same day, PW-10 S.I. Ram Chander the primary Investigating Officer who was a witness to the recoveries made at the instance of the accused and PW-I I Dr. M.P. Singh. Medical Officer, Civil Hospital, Sector 16, Chandigarh who had conducted the post-mortem examination on the dead body and had found fourteen injuries thereon.