KARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will also dispose of Criminal Revision No. 234 of 1992, Surja Ram v. Karan Singh and others. Karan Singh, Ram Kala and Subhash were tried for an offence under Section 302 read with Section 34 of the Indian Penal Code for committing the murder of Nathu Ram by Additional Sessions Judge, Hisar. Karan Singh was held guilty for an offence under Section 302 I.P.C. while Subhash for the offence under Section 302/34 I.P.C., but both of them were sentenced for the offence under Section 302/34 I.P.C. to undergo imprisonment for life and to pay a fine of Rs. 200/- each. Ram Kala accused was given benefit of doubt and was acquitted. Aggrieved by this judgment dated September 28, 1991, Karan Singh and Subhash filed the present appeal while Surja Ram complainant preferred criminal revision mentioned above.

(2.) THE prosecution case as set up at trial is as follows : On May 22,1987, Surja Ram complainant PW 7, Ram Sarup PW 8 and Nathu Ram deceased were returning from Fatehabad to Gorakhpur on a tractor which was being driven by Nathu Ram. When they covered a distance of 21/2 kilometers from village Khazuri Jati, they found Karan Singh, Subhash and Ram Kala, all residents of village Gorakhpur, going ahead on a tractor, which was driven by Subhash accused. Nathu Ram wanted to overtake the tractor driven by Subhash and made signal by sounding horn and putting on the lights of the tractor, but Subhash did not make way for him to pass. After covering 7-8 killas ahead from the canal bridge, Nathu Ram overtook the tractor driven by Subhash and while overtaking his tractor he noticed that some medicines and other articles had fallen from his tractor. He stopped the tractor and then Subhash overtook him and abused Nathu Ram and also expressed his annoyance as to why Nathu Ram asked him to make way for him to pass. Ram Sarup pacified the matter. Nathu Ram turned his tractor back to collect the medicines and other articles while Subhash and others left the place giving a threat that they would teach them a lesson.

(3.) ON May 23,1987, at 6.55 A.M., A.S.I. Mehar Singh of Police Station, Bhuma on receipt of a wireless message reached Civil Hospital, Hisar, where he met Surja Ram and recorded statement Ex. PJ on the basis of which formal FIR Ex. PH/1 was recorded by MHC Anand Singh. He held inquest and prepared report Ex. PC.