RANBIR SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ranbir Singh alongwith his father Zile Singh and another person, namely, Tejbir Singh son of Kidara, all residents of village Adiyana, P.S. Madlauda, District Panipat, have filed this appeal against the judgment and order dated 6.3.2010/9.3.2010, passed by the learned Additional Sessions Judge, Panipat, vide which they were convicted under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs. 5,000/- each, in default thereof, to further undergo rigorous imprisonment for six months each. The appellants have also been convicted under Section 341 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for one month each. Both the sentences have been directed to run concurrently.

(2.) The police machinery was put in motion on the statement of Dilbag Singh (Ex.PA) made to ASI Balwan Singh, wherein he stated that they are agriculturist. They are four brothers. Eldest of them is Rohtash and younger to him is Ram Chander. Partap is youngest of all. They all are residing together. About 10/12 years ago, election of panchayat was held in the village, in which Zile Singh son of Ramu (accused) and Laxmi Narain son of Jagar Pandit contested for the post of Sarpanch. They were supporting Laxmi Narain. In the said election, Zile Singh was elected as a Sarpanch. Amar Nath (now deceased) got Zile Singh suspended from the post of Sarpanch by filing a case against him for taking possession of the panchayati land. On that account, Zile Singh etc. were nursing grudge against them. On 3.11.2007, his (complainant's) father Amar Nath had gone with tractor for cultivation of land of Sunder teacher. At about 5:00 PM, Dilbag Singh was going to the fields to see his father. Amar Nath after cultivating the land of Sunder teacher was coming towards the village. When Amar Nath reached near the fields of Ratna son of Sarupa and the complainant was at a distance of about half an acre towards the village, Zile Singh son of Ramu, Ranbir son of Zile Singh and Tejbir son of Kidara came on a motorcycle from the side of village Nara. Zile Singh was driving the motorcycle. He halted his motorcycle in front of the tractor. Ranbir all of a sudden alighted from the motorcycle and dragged down Amar Nath from the tractor by holding his neck. Zile Singh took out a sharp edged sickle (used for peeling off sugar cane) from his lion cloth and inflicted a blow on the head of Amar Nath. Tejbir Singh inflicted a blow of handle of hand pump on the backside of head of his father. Ranbir Singh inflicted a blow of handle of hand pump on the right hand of Amar Nath. Amar Nath fell down on the ground. Thereafter, Zile Singh shouted 'Aa jao saale ka kaam kar diya' (come on bastard has been killed).

(3.) Thereafter, Jagbir Singh and Jasbir Singh sons of Zile Singh carrying iron rods came from the paddy fields of Ratna. They also inflicted injuries upon the feet and backside of Amar Nath, while he was lying on the ground. According to Dilbag Singh, out of fear he did not go near his father and kept raising alarm 'Bachao-Bachao'. On hearing his alarm, Sombir son of Lehna Singh and his (complainant's) brother Rohtash came at the spot. On seeing them, the accused ran away on their motorcycle (make Caliber), which was without number, whereas Jagbir Singh and Jasbir Singh fled away on foot towards village Nara alongwith their weapons. Dilbag Singh and his brother Rohtash removed Amar Nath to Civil Hospital, Panipat, from where the doctor referred Amar Nath to Rohtak Medical College after providing first aid and after recording MLR. When they reached Medical College, Rohtak, the doctor declared his father to be dead.