JEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 25th March, 1983, rendered by the learned Additional Sessions Judge, Kurukshetra, by which he convicted the appellants under Section 302/34 of the Indian Penal Code and sentenced them to life imprisonment each.

(2.) GURNAM Singh and Lal Singh appellants are the sons of Jeet Singh appellant. Bhagat Singh who had also been sent up for trial and had been acquitted by the learned trial Judge was also the son of Jeet Singh appellant. The appellant and Bhagat Singh, the acquitted accused, are said to have caused fetal injuries to Surat Singh deceased at about 3.30 p.m. on February 15, 1992, in the fields of village Kakheri.

(3.) ON February 15, 1982, at about 3.30 p.m. Gurwant Singh P.W. 7, son of the deceased, and Sardul Singh P.W. 9, his relation, as well as the deceased and, were returning from the house of one Mohan Singh after attending "Akhand Path". The deceased was going ahead on a bicycle. The two eye-witnesses were also going on a bicycle about 20 paces behind the deceased. When the deceased reached about 2-21/4 killas from the Dera of Nishan Singh, Jit Singh appellant armed with Gandasi Exhibit P-7, Gurnam Singh appellant armed with barchha Exhibit P-5, Lal Singh appellant armed with barchhi Exhibit P-4 and bhagat Singh, acquitted accused, armed with Kirpan Exhibit P-6 appeared on the scene. Jeet Singh appellant gave a lalkara that the enemy had come and that he be taught a lesson for cultivating his land. Gurnam Singh appellant opened the attack an injury with the handle of the spear in the stomach of the deceased. The deceased fell down from the bicycle. Jeet Singh appellant gave a gandasi blow to the deceased while he lay fallen. This blow hit him on his forehead towards the left side. Lal Singh gave him barachhi blow which hit him in his risk flank. The eye-witnesses raised an alarm, on hearing which the four assailants of the deceased ran away along with respective weapons.