BHAGWAN SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Bhagwan Singh and Kallu were convicted under Section 302 read with Section 34 IPC. They were sentenced to undergo life imprisonment and to pay a fine of Rs. 2000/- and in default of payment of fine, to undergo further period of R.I. for 2 years. Accused Bhagwan Singh was also convicted under Section 27 of the Arms Act. He was sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further period of R.I. for 1 year. The other accused, namely, Jagram, Birjwasi and Rati Ram were acquitted of all the charges by the trial Court. The above accused who were convicted and sentenced as stated supra have preferred the present appeal.

(2.) The brief case of the prosecution is that on 11.6.2006 at about 4.30 p.m. when PW1 Kanhiya was present alongwith Dinesh (deceased) and PW3 Narender at the ghat of Uttasani loading sand in a tractor, the accused came over there. Accused Bhagwan Singh hurled abuses proclaiming that he had obtained a contract for lifting sand. PW1, deceased Dinesh and Narender proceeded towards Pantoon bridge where deceased Munesh met them. Munesh asked accused Bhagwan Singh not to hurl abuses. Proclaiming that he would kill them, Bhagwan Singh and his companions left towards their village Chandigarh Nangla. Accused Bhagwan Singh and Kallu brought rifles. Accused Bhagwan Singh fired a shot hitting Dinesh on his head and as a result of which he fell down. Munesh ran towards Dinesh for his help upon which accused Kallu fired a shot from his rifle at Munesh which hit on his face. He also fell down on the ground. The other accused also attacked PW1 Kanhiya, PW3 Narender and others. PW1 lodged first information report with PW18 Inspector Attar Singh. A formal first information report Ex.PA/2 was recorded on the basis of endorsement Ex.PA/1 made by PW18.

(3.) PW18 rushed to the scene of occurrence, collected blood stained earth from the spot under memo Ex.PE and Ex.PF. He also took into possession empty cartridge fired under memo Ex.PG.