JASWINDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The appeal has been filed by Jaswinder Singh against the acquittal of Malkiat Singh (respondent No.2) for the offence under Section 302 of the Indian Penal Code (IPC-for short) and against the acquittal of Binder Pal (respondent No.3) for all the offences for which he was charged.

(2.) The FIR in the case has been registered on the statement of Jaswinder Singh (appellant) who stated that on 11.11.2010, he along with his younger brother Satnam Singh (deceased) as also Pargat Deep Singh, Gurvinder Singh, Harjit Singh and Jaswinder Singh were attending the marriage of Udham Singh in village Tehi. According to the prosecution in the said marriage ceremony, Malkiat Singh (respondent No.2) and Binder Pal (respondent No.3) were also present. At about 4.00 pm, they all were dancing on the stage. While they were dancing, the cap of Malkiat Singh (respondent No.2) fell down and Satnam Singh happened to step on it. This annoyed Malkiat Singh and he took out a sharp edged knife from the waist of his pant pocket with an intention to kill. He inflicted a knife blow on the left side of the chest of Satnam Singh (deceased) and twisted the knife; besides, he inflicted another knife blow on the back of Pargat Deep Singh who had intervened to save Satnam Singh. Pargat Deep Singh raised a hue and cry on which Jaswinder Singh (complainant) along with Gurvinder Singh and Harjit Singh rescued them. Binder Pal (respondent No.3) gave a slap and inflicted fist blows to Pargat Deep Singh and Satnam Singh. Malkiat Singh and Binder Pal (respondents No.2 and 3) then fled away from the place of occurrence on their motorcycle. Satnam Singh and Pargat Singh were got admitted in the hospital where doctor declared the former as brought dead. On the basis of the statement of appellant- Jaswinder Singh, a case for the offences under Sections 302 and 324 read with Section 34 IPC; besides, Section 25 of the Arms Act was registered. The case was investigated and police report (challan) was filed in the Court of the Illaqa Magistrate.

(3.) The learned trial Court charged respondents No.2 and 3 for the commission of offences punishable under Sections 302 and 324 read with Section 34 IPC; besides, Section 25 of the Arms Act. The learned trial court after considering the evidence and material on record held Malkiat Singh (respondent No.2) guilty for the offence punishable under Section 304 Part I IPC and acquitted Binder Pal (respondent No.3) for all the offences for which he was charged. Malkiat Singh (respondent No.2) was also convicted for the offence under Section 324 IPC and Section 25 of the Arms Act. Malkiat Singh (respondent No.2) was sentenced to undergo imprisonment for a period of ten years; besides, pay a fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of one year for the offence under Section 304 Part I IPC; besides, to undergo rigorous imprisonment for a period of three years and pay a fine of RS.500/- and in default thereof to undergo rigorous imprisonment for a period of one month for the offence under Section 25 of the Arms Act. He was also sentenced to undergo rigorous imprisonment for a period of two years for the offence under Section 324 IPC. All the sentences were, however, ordered to run concurrently. Aggrieved against the acquittal of Malkiat Singh (respondent No.2) for the offence under Section 302 IPC and acquittal of Binder Pal (respondent No.3) for all the offences attributed to him, the appellant has filed the present appeal.