SHER SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment of conviction dated 22.03.2002 and order of sentence dated 23.03.2002, passed by the Addl. Sessions Judge, Sirsa, whereby they were held guilty and convicted under Section 302/34 IPC and accordingly sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,500/- each and in default of payment of fine, to further undergo imprisonment for a period of six months each.

(2.) The brief facts of the prosecution case are that FIR Ex.PE in the present case has been registered on the basis of statement of Baldev Singh, complainant/eye witness, who mainly stated in his statement that his father's sister's son namely Gamdoor Singh was residing at village Roopnarainpur, West Bengal, for the last 25 years and he has purchased 8 acres of land in village Salam Khera about 7- 8 years back. Baljeet Singh son of Gamdoor Singh was married with Binder Kaur daughter of Sher Singh about four years back and out of their wedlock, a son was born who was aged 11/2 years at that time. Complainant further stated that he has taken 8 acres of land of Gamdoor Singh on crop share basis. Gamdoor Singh also used to visit to look after his land and now Gamdoor Singh had come to village Salam Khera to look after his land about two months ago and he had been staying at the house of his brother-in-law Ajaib Singh. Gamdoor Singh had executed a Will in favour of his wife Gurdev Kaur and his son Baljeet Singh to the extent of half share each but Sher Singh and his family was not happy and they wanted the Will in favour of their daughter regarding this entire land and on this account Binder Kaur felt annoyed from her in-laws and came to her parental home at village Salam Khera about two months ago. Panchayats were also convened 2-3 times at village Salam Khera. On 16.01.2001 in the morning, complainant along with his brother Balkaran Singh went to irrigate that land but due to mechanical defect in the tube-well, they could not irrigate the land and then they came to house of Ajaib Singh at about 1.00 P.M. to pass on this information to Gamdoor Singh. Gamdoor Singh was sitting on a cot near the gate adjoining the wall towards the house of Major Singh, Sarpanch. They passed on the information to Gamdoor Singh and they went on the first floor to see Gurdeep Kaur, daughter of sister of their father. They sat on a cot lying on the roof top and were talking to Ajaib Singh. In the meantime, Sher Singh along with Gurpal Singh arrived there. Sher Singh was armed with axe whereas Gurpal Singh was armed with pistol and immediately on arriving, Sher Singh asserted that on that day they would teach Gamdoor Singh a lesson for not transferring the land in favour of Binder Kaur. Upon this, Gamdoor Singh left the cot and started walking towards the gate of the house of Major Singh, Sarpanch, then Gurpal Singh fired shot from his pistol which hit on the back of Gamdoor Singh and Sher Singh gave an axe blow on his back as a result of which Gamdoor Singh fell down on the ground and while he was lying on the ground, Gurpal Singh fired another shot which hit him on his fore-head and Sher Singh gave a number of axe blows on his neck. When complainant and others raised alarm, Sher Singh and Gurpal Singh ran away with their respective weapons. When they came down, they found that Gamdoor Singh has succumbed to injuries. On hearing the alarm, Major Singh, Sarpanch and many other persons had arrived on the spot and leaving them near the dead body, complainant came to the police station to lodge report. The FIR was recorded at 2.10 P.M. and the Special Report was received by Illaqa Magistrate at 5.00 P.M. on the same day. Then, SI/SHO Chet Ram, Police Station, Odhan along with complainant and other police officials came to the spot and conducted inquest proceedings Ex.PB. Dead body was sent for post-mortem examination. Rough site plan Ex.PN was prepared. Statements of witnesses were recorded. Blood-stained earth, empty cartridge, one turban of blue colour and one bullet were taken into police possession vide recovery memo Ex.PM. Accused were arrested. On interrogation, accused Sher Singh suffered disclosure statement and got recovered an axe in pursuance of that disclosure statement. Similarly, accused Gurpal Singh suffered disclosure statement and got recovered pistol of .315 bore in pursuance of that disclosure statement. After necessary investigation, challan was presented against the accused-appellants.

(3.) On presentation of challan, copies of challan and other documents were supplied to the accused-appellants under Section 207 Cr.P.C. Finding prima facie case, the appellants were chargesheeted under Section 302 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.