HAWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Hawa Singh, Jadgish and Baljit Singh, appellants, were found guilty of the murder of Jagbir Singh by Additional Sessions Judge, Hisar and each one of them was sentenced to life imprisonment and to pay a fine of Rs. 500.00 and in default of payment of fine to further undergo rigorous imprisonment for six months under Section 302 read with Section 34, I.P.C. Feeling aggrieved against their conviction and sentence, they have come up in appeal.

(2.) Brief facts of the prosecution case are that Mukhram and Partap Singh were the sons of Nar Singh, Jagbir Singh-deceased was the son of Mukhram. He studied up to 14th Class and was a bachelor. He developed illicit relations with Smt. Murti Devi wife of Sadhu Ram son of Bijay Ram. He was charged and tried under Sections 366/376, IPC for having committed rape on her but was acquitted on 25-1-1988. All the three accused namely, Hawa Singh, Jagdish and Baljit Singh are the sons of the sister of Sadhu Ram and, therefore, said Smt. Murti Devi was their Mami (maternal aunt). They felt insulted on the above above said episode and were in search of an opportunity to liquidate Jagbir Singh.

(3.) On 15-9-1988 at about 4.00 p.m., Jagbir was sitting with his uncle, Partan Singh, at his house. The three accused came and took Jagbir Singh with them. Partap Singh thought that the accused might be getting a compromise entered into through the good offices of the panchayat. On 16-9-88 at 11.00 a.m. PW Ishwar Singh and Janak Raj came to the house of Partap Singh and told him that on the previous evening at about 8.00/9.00 p.m. when they were going to ease themselves, they were attracted by an alarm "Bachao Bachao". They reached the play-ground near the water tank and in the electrict light which was being emitted from a bulb fixed on the water tank, they saw that the three accused were causing injuries to Jagbir Singh with their weapons and that on seeing them they had run away with their respective weapons; that before running away they had obstructed their path leading to the village; and that out of fear they had run towards the fields and could not lodge a report. They informed him that the dead body of Jagbir Singh was lying in the play ground near the water tank.