KASHMIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kashmir Singh and Lal Chand alias Rulia were found guilty of the murder of Parkash by Additional Sessions Judge, Kaithal, Kashmir Singh was sentenced to life imprisonment and to pay a fine of Rs. 250.00 and in default of payment of fine to further undergo rigorous imprisonment for one month under Section 302, Penal Code. Lal Chand alias Rulia accused was sentenced to life imprisonment and to pay a fine of Rs. 250.00 and in default of payment of fine to further undergo rigorous imprisonment for one month under Section 302 read with Section 34, Penal Code vide order dated 6-6-1991.

(2.) Feeling aggrieved against their conviction and sentence, they have come up in appeal.

(3.) In brief, the facts of the prosecution case are that about four years prior to the occurrence Gabbar Singh, cousin of Ram Dass PW, was murdered by Chandi Ram son of Kalu Ram but he was acquitted. Since then the family of Chandi Ram entertained a grudge against the family of Ram Dass PW. On 2-5-1990 at 8.30 p.m. Parkash son of Chandu brother of Ram Dass PW had returned from Cheeka to his native village Tatiana. He was accosted by the two accused Kashmir Singh and Lal Chand. Kashmir Singh was armed with a wooden Bala and Lal Chand with a lathi. They picked up a row with him in front of the house Kashmir Singh. They told him that he had not abandoned his old habits in spite of the fact that one of his family members had been killed by them earlier and that they would kill him too that day. Being attracted by the commotion PW Ram Dass along with his other nephew Balkar (brother of Parkash) reached the spot. Within their view, Lal Chand dealt a lathi blow on the back of Parkash. Kashmir Singh accused inflicted a bala blow on his right temple as a result whereof he fell down. Then the two accused dealt injuries with their respective weapons thrust-wise on the abdomen of Parkash. On hearing raula a number of persons arrived at the spot whereupon two accused persons fled away with their respective weapons. After arranging a tractor trolley Parkash was removed to civil Hospital, Guhla but he succumbed to his injuries on reaching there. After leaving Ram Lal, Bhagwana and Purshotam, sons of Jamma Ram to guard the dead body of Parkash, Ram Dass went to the Police Station Guhla and lodged FIR Ex. PJ under Sections 302/34 IPC vide DDR No. 34 recorded at 12.10 a.m. 3-5-1990. The special report was delivered to the learned Ilaqa Magistrate at 7.00 a.m. on 3-5-1990 through Constable Ram Mehar PW7.