SURJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of CRA No. D-605-DB of 2002, filed by accused/appellants Surjit Singh son of Sucha Singh, Sahab Singh son of Ishwar Singh, Hazoor Singh son of Bhupinder Singh and Devinder Singh son of Bhupinder Singh, all residents of Gonder, Tehsil Nissing, District Karnal, against judgment and order dated 24.7.2002/27.7.2002, passed by the learned Additional Sessions Judge, Karnal, vide which they were convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life each and fine of Rs. 1,000/- each.

(2.) The prosecution story is that on 11.8.1996, one Rajbir Singh son of Siri Ram, resident of village Dadupur, P.S. Sadar, Karnal, approached ASI Satpal, PP Jundla at Bus Stand Sirsi, and made statement (Ex.PM) to him, wherein he stated that today at about 5:30 PM, he was going to his village Dadupur from Nissing on his motorcycle. He saw that on the left side of the Karnal-Kaithal road, one young person was lying dead due to accident. His Scooter bearing No. HR-05C-8530 was lying in between Kikkar No. 82 and 83. Some unknown vehicle had caused the accident. On the basis of the said statement, FIR No. 523, dated 11.8.1996 (Ex.PM/2) under Section 304-A IPC was registered at P.S. Sadar, Karnal. Site plan of place of accident was prepared. The police conducted the inquest proceedings (Ex.PA/1). The dead body was sent for post mortem. The post mortem was conducted on 12.8.1996. The doctor found that death in this case was due to asphyxia caused by throttling.

(3.) Thereafter, on 12.8.1996, police approached Sukhbir Kaur, widow of deceased (PW13), where Dalbir Singh and Amar Singh (PW8 and PW11 respectively) were found present. They made statement to the police that on 11.8.1996, Dalbir Singh was going to his village on his scooter. At about 2:30 PM, when he reached at railway bridge, Kaithal Road, Amar Singh (PW11), son of Haria, resident of Nilokheri was found waiting for the bus. Amar Singh signalled Dalbir Singh to stop. As Amar Singh was already known to Dalbir Singh, therefore, Dablir Singh gave lift to Amar Singh. Then, both of them left on the scooter for village Gonder. At about 3:00 PM, when they reached one kilometer ahead of Sirsi bridge towards Nissing, they saw that a scooter coming from the Nissing side was followed by a vehicle (trax). In their presence, the trax driver struck its side against the scooter, due to which scooterist fell down. The trax was stopped at some distance. Surjit Singh son of Sucha Singh, Hazoor Singh son of Bhupinder Singh and Sahab Singh son of Ishwar Singh, all residents of Dera Gonder alighted from the trax. Hazoor Singh and Sahab Singh were armed with spade handle. Sahab Singh gave a blow with spade handle (Binda) on the head of scooterist, who was lying on the road. Hazoor Singh also gave a spade handle (Binda) blow on the person of scooterist lying on the road. Thereafter, Surjit Singh after getting Binda from Hazoor Singh put the same on the neck of the person lying there and pressed his neck, whereas Sahab Singh and Hazoor Singh caught hold the said person from arms. The trax driver was Devinder Singh son of Bhupinder Singh, who was their neigbourer. He ran away in his trax No. HR-06A-4221 towards Karnal side. When they were passing them, they saw that the person lying on the road was Ranbir Singh Rana, a neighbourer of their Dera, who was living at Ashoka Colony, Karnal. The blood was oozing out from the head of the victim and the scooter was lying in the kikkar trees. Sahab Singh, Surjit Singh and Hazoor Singh on seeing them raised exhortation (lalkara) that they have killed Ranbir Singh Rana as his son had killed their man. Now, they (accused) have taken revenge by killing Ranbir Singh Rana. They also threatened Dalbir Singh and Amar Singh that if they disclosed this fact to anybody, then they will be killed. Thereafter, both of them i.e. Dalbir Singh and Amar Singh went to Dera of Dalbir Singh at Gonder and narrated the incident. Thereafter, next morning, they went to Karnal and narrated the incident to Sukhbir Kaur widow of deceased Ranbir Singh Rana. DSP Ashok Kumar (PW19) recorded the statements of Dalbir Singh and Amar Singh (PWs).