TAQDIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 27.9.1997/1.10.1997 of the Additional Sessions Judge, Rohtak, whereby he convicted Taqdir Singh son of Shish Ram and Ajit son of Raja Ram under Sections 302/34 IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs. 500/- each, in default to further undergo R.I. for six months.

(2.) LEARNED counsel for the appellants has placed on record the death certificate of Taqdir Singh son of Shish Ram, who had died during the pendency of the appeal. Appeal against him has thus abated. We are left with the appeal of Ajit son of Raja Ram only.

(3.) RANDHIR Singh stated, that he had four sons. About six months ago, there was a dispute between Sheesh Ram and his sons over the construction of a bathroom. The matter was compromised by the Panchayat. On 23.5.1994 at about 7.30 p.m., Randhir Singh along with his sons Anil and Satish were returning from their fields. Satish was on leave. He was working as a constable in Haryana POlice. Satish was going a few paces ahead. When he reached near the shop of Vinod son of Attar Barber, Taqdir son of Sheesh Ram and Ajit son of Raje came out from a lane and shouted that they would be taught a lesson for demolishing the bathroom. Taqdir fired a shot from his pistol on the abandomen of Satish and Ajit fired a shot, which hit on the left arm of Satish. Both of them after giving injuries, ran away. On the basis of this statement, FIR Ex. PE/1 was recorded on 24.5.1994 at 9.20 a.m. and the special report reached the JMIC, Bahadurgarh on the same day at 3.25 p.m.