JORA SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by appellants-Jora Singh, Dilbag alias Bagga and Suresh against the judgment and order dated 19/20.12.2007 passed by Sessions Judge, Jind whereby they have been held guilty for the offence under Sections 302 read with Section 34 of the Indian Penal Code ('IPC' for short) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for one year each for the offence under Section 302 read with Section 34 IPC. However, accused-Chatra, Smt. Rani, Smt. Santro, Smt. Sudesh and Giani alias Satpal have been acquitted of the charges for which they were facing trial.

(2.) About two years back Satyawan was murdered by Balwan son of Deva Singh and others as stated by complainant Darshana Devi in her statement made to SI/SHO Babu Ram at 9.05 p.m. on 21.9.2005. In that case Balwan son of Deva Singh, Rajinder Singh son of Jora, Bansi son of Deva Singh, Jaipal son of Chattar Singh and Anil were challaned. After about one month of the murder of Satyawan, Satbir son of Chatra was murdered by the party of the complainant and case was registered against Baru and Ved Parkash sons of Bhale Ram and mother-in-law of the complainant, namely, Bhalian wife of Bhale Ram. The complainant further stated in her statement that on 21.9.2005 at about 5.30 p.m. she, her Jethani Sudhi wife of Ram Chander, her mother-in-law Bhalian were present at the house and her husband Ramphal was in the village for some domestic work. On hearing noise of her husband Ramphal of 'Bachao Bachao' from the street, the complainant, Sudhi and Bhalian came out and saw Suresh son of Deva, Dilbag alias Bagga son of Chatra, Chatra son of Nihala, Jora son of Deva, Rani wife of Dilbag alias Bagga, wives of Suresh and Bansi and Giani of Hansawala were causing injuries to her husband Ramphal with 'Gandasas', iron rod, 'Lathis' and 'Dandas' in front of the house of Hoshiara which is near to their house and were saying that he be taught a lesson for murdering Anil of Village Hansawala in Dhani Narwana by Rajesh and others. Suresh inflicted 'Gandasa' blow on Ramphal which hit on his temple. Bagga gave a 'Gandasa' blow which hit on Ramphal's head. Jora Singh also gave a 'Gandasa' blow to Ramphal which hit on his head on the backside. Her husband fell down in the street. While lying down Rani and wives of Suresh and Bansi caused injuries to her husband with the 'Dandas' while Giani caused injuries to her husband with iron rod. Suresh gave second 'Gandasa' blow while her husband was lying down which hit on his chin. On hearing the noise many persons gathered there at the spot. On seeing them, the assailants ran away with their respective weapons. Ramphal was brought to Civil Hospital, Narwana where he succumbed to injuries after some times. After recording the statement, 'Ruqa' was sent to the Police Station on the basis of which FIR was registered.

(3.) Then the Investigating Officer SI/SHO Babu Ram reached the spot and inspected the dead body of Ramphal and prepared inquest report. EHC Santokhi Ram and Constable Bahadur Singh were deputed to get conducted the post-mortem on the dead body of Ramphal. Then the Investigating Officer along with the Police officials went to Village Badanpur. He could not do investigation as at that time it had become dark.