STATE OF HARYANA Vs. KARAM SINGH

JUDGEMENT

(1.) KARAM Singh and his two other companions Mewa Singh and Mohan Singh have been convicted under Sections 302/34 of the Indian Penal Code on 1.4.1994. Out of them, Karam Singh son of the deceased, Man Singh, has been sentenced to death and his other two companions, Mewa Singh and Mohan Singh, were sentenced to imprisonment for life. This murder reference has, thus, been received in this case of patricide from Shri K.K. Chopra, Additional Sessions Judge, Ambala. Besides this, they have also attempted an appeal against their conviction.

(2.) BRIEFLY , the story of the prosecution is that at about 4.15 P.M. on 7.6.1989 Karamjit Singh (PW-3), his brother Kaka Singh (PW-5) and their mother Jaspal Kaur (PW-4) were returning from their field situated adjacent to Jalbera Road after planting paddy saplings. When they were almost on the main road, they noticed Karam Singh catching hold the father Man Singh with the help of two companions Mewa Singh and Mohan Singh and thereafter, Karam Singh caused multiple injuries with a Knife on chest, abdomen, shoulder, elbow, arms etc. of his father Man Singh. As a consequence of the aforesaid multiple injuries, Man Singh fell on the ground and the blood also fell there. The motive for this occurrence of patricide was that Man Singh had five sons including Karam Singh, now appellant, who is the eldest. He had been residing separately for the last about five years and he had also been claiming his specific share and in this regard, he also instituted a Civil Suit against his father Man Singh. Some time back, there were also proceedings under Section 107/151 of the Code of Criminal Procedure qua Karam Singh-appellant. Karam Singh along with his knife and the other two companions made good his escape. Karamjit Singh proceeded to Police Station Sadar Ambala for lodging the First Information Report whereas Jaspal Kaur, the wife, and Kaka Singh, the other son, remained near Man Singh deceased. On the instatement of Karamjit Singh, the First Information Report was recorded by Shri Jai Ram, Sub Inspector at Police Station Sadar Ambala at 5.05 P.M. and soon thereafter, the 'special report reached the Ilaqa Magistrate at Ambala at 6.45 P.M. the same day. Shri Jai Ram, Sub Inspector, arrived at the place of occurrence and collected blood stained earth and converted it into a sealed packet. Bicycle of Man Singh was lying nearby was also taken into possession. The dead body was despatched for the purpose of post-mortem examination and the statements of other two eye witnesses Jaspal Kaur widow of the deceased and Kaka Singh, another son of the deceased, were recorded. Karam Singh, the principal accused was arrested on 11.6.1989 whereas the other two accused Mewa Singh and Mohan Singh were kept in column No. 2 of the report under Section 173 of the Code of Criminal Procedure and they also appeared in the Commitment Court.

(3.) THE Medical Officer opined that the death was on account of shock and haemorrhage and especially on account of damage to large intestine which was the result from injury No. 2.