STATE OF HARYANA Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS appeal against acquittal arises out of the following facts: At about 3 or 3.00 P.M. on 24.8.1993, Niranjan Singh had gone to the shop of Paramjit Singh, a Photographer. At about 4.30 or 5.00 P.M. Amir Singh (PW -7) accompanied by his sister Surinder Kaur (PW -6) were also going towards the shop of an Electrician. At that time Jaswant Singh accused told Niranjan Singh that his son Amir Singh had illicit relations with the wife of his brother Harbans Singh. After making this allegation, Jaswant Singh gave a Kulhari blow from its reverse side on Niranjan Singh's head. Prem Singh accused then caught hold of Niranjan Singh and Jaswant Singh accused gave yet another kulhari blow from its inverse side on the head of Niranjan Singh, who fell down. Thereafter Harbans Singh accused also gave a lathi blow on the head of Niranjan Singh followed by another lathi blow on the waist of Niranjan Singh by Prem Singh accused. Niranjan Singh raised an alarm on which Amir Singh and Surinder Kaur P.Ws. and Paramjit Singh, the Photographer, whose shop was close by reached the spot. On seeing them the accused ran away along with their weapons. Amir Singh and Karnail Singh took Niranjan Singh to the Civil Hospital Sadhaura by car from where they were referred to the Civil Hospital Jagadhri, but they went to Civil Hospital, Yamuna Nagar instead where Niranjan Singh was declared dead on arrival. The police reached the hospital at about 8.00 P.M. and recorded Amir Singh's statement (Exh.PK) and on its basis formal FIR (Exh.PK/2) was registered at 9.30 P.M. for an offence under Section 302 of the Indian Penal Code. A copy of the special report was delivered to the Illaqa Magistrate at 4.00 A.M. on 25.8.1993. The investigation was thereafter set in motion. The accused were ultimately arrested and a kulhari (Exh.P6) was recovered from accused Jaswant Singh, whereas two lathis (Exh.P -4 and P -5) were recovered at the instance of Harbans Singh and Prem Singh accused respectively. On the completion of the investigation, accused Jaswant Singh was charged for an offence punishable under Section 302 of the Indian Penal Code whereas the other two accused charged for an offence punishable under Section 302/34 of the Code and as pleaded not guilty, were brought to trial.

(2.) THE prosecution in support of its case relied primarily on the evidence PW -1 Dr. N.K. Garg, who along with Dr. N.K. Kalia (PW -2) had conducted postmortem examination on the dead body and had found several injuries thereon. PW -6 Surinder Kaur and PW -7 Amir Singh, the brother and sister duo and the alleged eye -witnesses and PW -10 SI Jagdish Chander, the Investigating Officer.

(3.) THE prosecution case was then put to the accused and their statements under Section 313 of the Code of Criminal Procedure were recorded, in which they denied the allegations levelled against them and pleaded false implication and, further stated that as Niranjan Singh (deceased) was having enmity with certain persons he had probably been done to death by some of them. They also producad Paramjit Singh, Photographer in their defence as DW -1 who, stated that on hearing a noise outside his shop, he had found Niranjan Singh lying on the road in injured condition and that none of the accused had been present at that time and that it was he, who called Amir Singh from his house and had then removal Niranjan Singh to the hospital.