MAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THREE appellants, namely Man Singh, his brother Gurbachan Singh and Shri Dharampal stand convicted and sentenced to R L for five years and to pay a fine of Rs. 200/- each in default R.I. for three months under section 307 I.P.C. and to R.I. for one year each under Section 332 I.P.C. while Man Singh appellant was further convicted and sentenced to R.I. for one year under Section 27 of the Arms Act by the learned Additional Sessions Judge, Jind vide his order dated 29.4.1983. Against their conviction and sentence the appellants have come tip in appeal to this Court.

(2.) THE case of the prosecution in-short is that on 9.10.1982, Shri Subhash Chander Miglani, S.D.O, H.S.E.B. Narwana was on a round to check the theft or electricity. He was accompanied by Shri S. B. Panihar, Executive Engineer PW 11 and some other employees of the department. They mere going in a jeep No HRJ-7214 for the purpose. At about 12.30 or 1.00 in the night when they reached near the transformer of one Jagir Singh, they found low tension line of an illegal connection going to the tubewell of Harbhajan Singh. At a distance of about three acres they found another similar illegal connection on that very line. Some people were, irrigating their fields. The staff members who were accompanying Subhash Chander PW3, cut off the transformer of the switch and thus removed the illegal connection After that they started towards Police Station Kalayat. At the sort they noticed Dharm pal appellant running towards the village abusing them. Subhash Chand PW 3 was sitting in front scat with the driver. When they had just covered a distance or about 11/2 kilometers, the three appellants were noticed coming from the village side. Two of them, namely Gurbachan Singh and Dharam pal were armed with Gandasis while Man Singh appellant was armed with his double barrel gun Man Singh appellant is alleged to have fired two shots from his gun hitting Subhash Chander PW 3 and. Bhalle Ram PW 10. At that time Subhash Chander PW 3 was wearing shirt Exhibit P-3. Both tilt injured were removed to Civil Hospital Narwana where they were medically examined by Dr. Subhash Chander Gupta PW 1. At 2.40 A M. on 10.10.1982 he examined Subhash Chander PW 3 and found four injuries on his person At 3.10 A.M. the doctor examined Bhalle Raw PW 10 and found three injuries oil his preson. Dr. N. K. Dhawan, PW 2 radiogically examined Subhash Chander PW, but he did not fined any body injury. Subhash Chander Miglani PW 3 went to Police Post Datasinghwala where his statement Exhibit PH was recorded on the basis of which first information report Exhibit PH/2 was registered Police Station Kalayat on 10.10.1982 at 9.20 A.M.

(3.) WHEN examined under Section 313 Cr.P.C. the appellants denied the prosecution allegations and pleaded false implication on mere suspicion because their tubewells were working on that night. However, they did not lead any evidence in defence.