PURAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Puran Singh and Ajit Singh, residents of village Kunal in district Hissar, have filed this appeal against the judgment of the Additional Sessions Judge, *Hissar, by which they were convicted and sentenced as follows Name of the Convicted appellant. Puran Singh Under Sec. 302 I.P.C. Sentence awarded Each to undergo The sub substantive sentences of imprisonment were ordered to run concurrently.

(2.) The gist of the prosecution case is that four or five years before the occurrence the appellants Puran Singh and Ajit Singh had demolished water channel of Gurpal Singh (PW 16), father of the murder victim Mohan Singh. On 9th of February 1982, the deceased Mohan Singh along with Mehal Singh (PW 9) and Kashmir (PW (5) after attending the marriage of the daughter of a co-villager were returning in a tractor. When they reached near the field of Dulha Singh at about 9.30 P.M., they came across the appellants. At that time Puran Singh was carrying a single barreled 12 bore gun whereas Ajit Singh was unarmed. The latter raised a lalkara that the enemies should not be spared. Thereupon Puran Singh fired his gun at Mohan Singh hitting him on the forehead, face and neck. He fell off the tractor Puran Singh fired another shot which went astray. Then the appellants took to their heels. Leaving Kashmir Singh (PW 15) with the injured Mohan Singh, Mehal Singh (PW 9) went to inform the father of the injured i.e. Gurpal Singh (PW 16) and brought him to the spot. They took Mohan Singh to the Primary Health Centre, Ratia, where they reached at 11.45 PM. Dr. K.C. Goyal (PW 1) examined Mohan Singh and finding that his condition was serious referred him to Civil Hospital, Hissar, Mohan Singh reached Civil Hospital Hissar, at 4.00 a.m. on February 10, 1982 and was examined by Dr. R.S. Dalal (PW 2) who again referred him to Medical College Hospital, Rohtak. He was admitted in the Rohtak Hospital where he succumbed to his injuries at 2.40 A.M. on February 12, 1982.

(3.) Mehal Singh (PW 9) lodged the First Information Report (Exhibit PM) at 8.15 A.M. on February 10, 1982 at Police Station Bhuna which was recorded by Sub. Inspector Tara Chand (PW 19). The latter inspected the spot and recovered an empty cartridge (Exhibit P. 5) from there. The case was initially registered under section 307, Indian Penal Code, against the appellants, but on the death of Mohan Singh on February 12, 1982 it was converted into that under section 302, Indian Penal Code.