AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was convicted on 5.11.2007 by Additional Sessions Judge, Panipat, for offence under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and was sentenced on the same day for imprisonment for life with the rider to set off the period already undergone during investigation and trial.

(2.) Tersely, the complaint (Ex.PA) of Balwinder Singh (PW1) was recorded by Rajesh Kumar, SI/SHO (PW12) on the basis of FIR (Ex.PA/2) lodged by ASI Daya Singh, in which he stated that Pargat Singh (deceased) dedicated himself to the service of Gurdwara Sahib at Israna for the last 15 years and Balwinder Singh (PW1) also dedicated himself to the service of Gurdwara Sahib for the last 4-5 years. Both of them were looking after the cattle heads and used to milk the buffaloes. The appellant and his wife came about 4 days prior to the occurrence to Gurdwara Sahib to render service where his son Dilbag Singh was getting education in music from Sangeet Academy running by Gurdwara Sahib. The appellant was staying with the deceased in his room and was addicted of drinking liquor. On the intervening night of 11.4.2006, at about 8.00 PM, the complainant went to the room of the deceased where the appellant was also present. At about 1.00 AM, in the night, when he came out of his room to urinate, he saw Angrej Singh (PW2), working as watchman, on the gate of Gurdwara, standing in the courtyard arguing with the appellant and saying "go and sleep, why are you disturbing others". The appellant went to the room of the deceased. The complainant inquired the matter from PW2, who told that Narinder @ Nindi s/o Jai Kishan Jat r/o Israna had seen the appellant loitering behind Gurdwara and brought him at the gate of Gurdwara. After urination, the complainant went to his room and slept. According to him usually in the morning at about 4.00 AM, the deceased used to come his room to wake him up but on that day, he did not come. Then at about 4.30 AM, he went to the room of the deceased which was bolted from outside. He called out his name from the side of Tabela but there was no response. He opened the door of the room of the deceased and found him lying in straight condition on his bed. His forehead, eyes and nose were badly crushed and he was lying dead.

(3.) On enquiry, he found the appellant missing from the Gurdwara. He suspected that the appellant might have committed murder of the deceased with heavy and sharp weapon due to some grudge. He also narrated the entire incident to the President Dalvinder Singh and other sewadars.