BALBIR SINGH BHIRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Chuhar Ram (now deceased) had a quarrel with Balbir Singh accused on 21s1/ 22nd July, 1989 when he stopped the tractor of the accused being taken through his paddy crop. In order to take revenge, around 10.30 p.m. on 27th July, 1989, Balbir Singh and his two servant Barkha Ram and Puran, all the three accused, arc alleged to have waylaid him (Chuhar Ram, now deceased) in the water course on the Kacha passage in village Chanchak, given injuries to him with Gandasi, Lathi and Trishul and killed him. Gandasi was with Balbir, Lathi with Puran and Trishul with Barkha Ram. Naina Ram P.W. 7 and Talu Ram P.W. 8 are alleged to have seen the occurrence. They are both real brothers of the deceased. F.I.R. was recorded in Police Station, Gulha of Kurushetra District in Haryana State at 2.30 a.m. on 28th July, 1989 and Special report reached the learned I laqa Magistrate at 8.00 a.m. on 28th July 1989.

(2.) On being charged with the commission of the offence under Section 302 read with Section 34 of the Indian Penal Code, all the three accused pleaded not guiltyT thereto and claimed to be tried. Vide its impugned judgment dated 11th September, 1990, learned trial court acquitted accused Barkha Ram: convicted the remaining two accused of the commission of the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced them as under: As regards the sentence, I have heard the accused. Accused Balbir Singh is about 42 years of age while Puran is about 60 years of age. Thus keeping in view all the facts and circumstances of the case, both the accused are sentenced for the offence under Section 302/34 I.P.C. to undergo life imprisonment and accused Balbir Singh is ordered to pay a fine of Rs. 5,000/- or in default to undergo rigorous imprisonment for six months. Puran accused who is farm labourer is ordered to pay a fine of Rs. 2,000/- or in default to undergo rigorous imprisonment for six months. The amount of fine, if realised shall be paid to the legal representatives of the deceased Chuhar Ram, after the expiry of the period of limitation of appeal-revision, if any and if filed after the result thereof.

(3.) Feeling aggrieved there from, both the convicted accused had jointly filed Criminal Appeal No. 331-DD of 1990 in this Court. After hearing the appeal, we had allowed it on 7th February, 1992. Learned brother S.S. Rathor, J. (as his lordship then was) who was to dictate the judgment has since breathed his last after prolonged illness. My lord Honble the Chief Justice has vide orders dated 26th July, 1992 desired the undersigned: 2nd Puisne Judge sitting in D.B. with brother Rathor, J. to record reasons for setting aside the conviction and sentence of the two convicted accused appellants recorded by the learned trial court and allowing the appeal. Hence this judgment.