SURAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of Shri M.S. Nagra, Additional Sessions Judge, Ambala in Sessions Case No. 58 of 1987, F.I.R. No. 190 dated 3.7.1987 under Section 304 I.P.C., Police Station Ambala Cantt. vide which he convicted and sentenced Surat Singh to undergo R.I. for a period of seven years.

(2.) THE case of prosecution in a nutshell is that Hari Chand deceased and Parkash Chand were working as labourer for cleaning of oil tankers in front of old oil Depot Complex, Ambala Cantt. On 1.7.1987 at about 8.30 P.M. Hari Chand had given a piece of advice to Surat Singh in the presence of Parkash Chand not to ruin his life over a widow called Chando who was leading immoral life. On this, there was a quarrel between Hari Chand and Surat Chand. Hari Chand gave a slap to Surat Singh who responded with head blow. Parkash Chand, however, separated the two and all the three left for their respective places. On the next day, i.e. 2.7.1987 Ram Kumar elder brother of Hari Chand had accompanied Hari Chand upto the place of job work of Hari Chand where they met Parkash Chand. While the three were busy talking Surat Singh came armed with a lathi and gave a lathi blow on the head of Hari Chand who fell down on the ground. Surat Singh gave two lathi blows to Hari Chand one on the right thigh and the other on the left wrist. Ram Kumar and Parkash Chand intervened and Surat Singh ran away along with his lathi towards the railway track. The occurrence was witnessed by Daya Shankar who was standing nearby.

(3.) PARKASH Chand came from Chandigarh and informed Ram Kumar in the morning about the death of Hari Chand. Ram Kumar immediately reported the matter to the police post Parao and on the basis of the statement made by him, a case was registered at 10.15 A.M. on 3.7.1987. The accused was arrested and after completion of the investigation, a final report regarding commission of offence under Section 304 I.P.C. was submitted to the Illaqa Magistrate, who vide order dated 12.10.1987 had committed the accused to stand his trial before the Court of Sessions. The accused was charged under Section 304 I.P.C. to which he had pleaded not guilty and the prosecution was directed to lead its evidence in support of the charge.