KULBIR SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment of conviction dated 21.05.2003 and order of sentence dated 22.05.2003, passed by the Addl. Sessions Judge, Ambala, whereby they were held guilty and convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further undergo simple imprisonment for a period of one month under Section 302 read with Section 34 IPC.

(2.) The brief facts of the prosecution case are that on the midnight of 01.10.2000, a telephonic message was received from police post Regiment that injured Ram Lal is admitted in Civil Hospital, Ambala Cantt. due to injuries received in a quarrel. Investigating Officer Head Constable Raj Pal of Police Station, Mahesh Nagar after receiving the medical ruqa and MLR of Ram Lal, reached Civil Hospital, Ambala Cantt. Opinion of the doctor regarding fitness of Ram Lal was sought but the doctor opined that Ram Lal is not in a position to give statement. Lateron, a telephonic message from PGI police post, Chandigarh was received that injured Ram Lal was admitted in PGI, Chandigarh for his treatment. Then, Head Constable Raj Pal along with other police officials reached there and after receiving the ruqa from police post PGI, Chandigarh, reached in emergency ward where Ram Lal was admitted. The doctor opined that injured is not in a position to give statement. Kailasho Devi wife of Ram Lal met them there and got recorded her statement. In her statement, Kailasho Devi stated that her husband works as labourer.

(3.) She has three sons. Her youngest son aged 12 years was playing with children of her neighbours and children quarreled at about 9.00A.M. Kulbir Singh gave a slap and fist blow to her son. When her husband Ram Lal came back at about 9.00 P.M., she told the whole story to her husband. Her husband told to Kulbir that there was a quarrel between children and as to why he had given beatings to his son. Kulbir armed with lathi in his hand started abusing her husband and caught hold of her husband. In the meantime, Malkiat Singh armed with Gandasi, Lilu and Lali armed with lathies came there and raised lalkara. Malkiat Singh gave a gandasi blow from reverse side on the left side of the head of her husband. Lilu had given lathi blow on the back side of the head and Lali had given a lathi blow on the head of her husband. Kulbir had given a lathi blow on the forehead on the left side of eye. Her husband fell down and raised alarm. On hearing noise of her husband, she herself, Suresh Kumar, Raghbir Singh and many other people reached the place of occurrence. Kulbir Singh etc. ran away from the occurrence along with their respective weapons and threatened while going from the spot. Thereafter, Kailasho Devi moved her husband and admitted him in Civil Hospital, Ambala Cantt. where the doctor had referred him to PGI, Chandigarh. This statement of Kailasho Devi was completed at 4.30 P.M. on 02.10.2000. After recording the statement, ruqa was sent to the police station, on the basis of which a formal FIR was registered. Ram Lal expired in PGI, Chandigarh on 03.10.2000. After that SI/SHO Phool Singh took over the investigation of the case. On 04.10.2000, SI Phool Singh reached PGI, Chandigarh and prepared inquest report Ex.PX. Dead body was sent for post-mortem examination. The Investigating Officer inspected the spot and rough site plan Ex.PY was prepared. On 09.10.2000, the Investigating Officer went to village Saphera in search of accused. One Dev Singh produced all the four accused before him. Accused were arrested. Accused Kulbir Singh produced lathi, which was taken into police possession vide recovery memo Ex.PQ after preparing its sketch. Accused Harnek Singh produced danda, accused Rajvinder produced lathi and accused Malkiat Singh produced Gandasi. All these articles were taken into police possession in separate sealed parcels after preparing their respective sketches. Statements of the witnesses were recorded. After necessary investigation, challan was presented against the accused-appellant before the Court.