INDER SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) We propose to decide five Criminal Appeals filed by the convictsappellants and one Criminal Revision filed by the complainant, vide this common judgement. All these Criminal Appeals and the Criminal Revision, arise out of the same impugned judgement dated 26.3.2008, passed by the learned Additional Sessions Judge-III, Bhiwani.

(2.) Facts first. The criminal law was set into motion, by registering FIR No.190 dated 14.6.2005, Ex.'PR' recorded by S.I. Om Parkash PW-18, on the statement-Ex.'PW' dated 14.6.2005 made by Nathu Singh S/o Ram Singh, resident of Village Manheru Police Station Sadar, Bhiwani. He stated that he was resident of Village Manheru, however, was residing at that time at Gali No.16,Kaunt Road, Shanti Nagar,Bhiwani and was agriculturist by profession. He had three sons. The eldest son was Karam Singh @ Pappu, younger to him was Zile Singh and youngest was Raju. About 4-5 years ago, he alongwith his children was living at Bhiwani after construction of a house. Today, i.e. 14.6.2005, at about 10 AM, he, his sons Karam Singh @ Pappu and Zile Singh, went to the Cooperative Society to deposit an instalment of Rs. 50,000/-. They reached Manheru at about 11 AM. His son Karam Singh @ Pappu remained in the bank, with a view to check the account to deposit the instalment. He and his son Zile Singh went to the village for their personal work. When he and his son Zile Singh, after doing work, went to see their old house at about 12.30 PM, they saw that his son Karam Singh @ Pappu was in the house of Bir Singh, brother of Nathu Singh. Japan S/o Pehlad armed with a knife, Puran @ Pappi, Roop @ Kalu sons of Japan armed with knives, Krishan son of Risal armed with lathi, Azad son of Krishan, armed with knife, Kailasho wife of Arjun and Krishna wife of Krishan having bricks in their hands, caste Rajput, residents of Manheru, besides three other persons, whose names were not known to the complainant, but could identify them, in case they are brought before him, were causing injuries to Karam Singh with their respective weapons. On seeing them, all the persons who were causing injuries, ran away from the spot with their respective weapons. His son Karam Singh died at the spot due to the injuries on his person. The cause of enmity was that about 6/7 years ago, they had a quarrel with Arjun etc., in which Arjun and Rattan Singh had died and a case was registered against them. A compromise had been effected, however, above said persons had a grudge. Due to this enmity, today, above said persons,with a common intention have caused the murder of his son. Leaving his son Zile Singh at the spot,he was going to the police station for reporting the matter that police party met him, at the bus stop Kaunt and he got his statement recorded, which has been read over to him and found correct.

(3.) The above statement was recorded by S.I., Om Parkash, CIA, Bhiwani, who was present at bus stand Kaunt alongwith ASI, Jai Chand, HC Om Parkash 922, EHC Bal Kishan 754 in Government vehicle No.HR-15-C 4778 and its driver was Constable Ranbir Singh,637 on patrolling duty. Finding a cognizable case having been made out under Sections 147,148,149,452/302 IPC, Ruqa was sent through EHC Bal Kishan 754, to the police station for registration of the case.