AMRIK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whether dying declaration made by Ram Parkash before the Doctor and Executive Magistrate, which was recorded and the oral dying declaration made by him before Vijay Kumar, PW-6, and Krishan Lal, PW-10, in the facts and circumstances of the case, is enough to secure conviction of the appellants or some of them, is the sole but significant question that is involved in the present appeal filed by the appellants against the order of conviction and sentence recorded by learned Sessions Judge, Yamunanagar, dated 27/28-3-2003. vide which, all of them have been held guilty for an offence under Section 302 read with Section 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The appellants are Gurbax Singh and his three sons, namely, Amrik Singh, Jarnail Singh and Balbir Singh. They are said to have set ablaze Ram Prakash on the intervening night of 18/19-7-2001 at 3.30 a.m. FIR with regard to the incident came to be recorded on the statement of Vijay Kumar, nephew (sister's son) of deceased, which was recorded by Dhanna Ram, Inspector, PW-12, at 11.15 a.m. on 19-7-2001. Special report with regard to the incident reached the concerned Magistrate at 3.00 p.m. on the same day.

(3.) While unfolding the prosecution version, Vijay Kumar, PW-6, stated that he was resident of Ladwa and was running a shop in the said village. His Maternal uncle Ram Parkash son of Shankar Dass was running a grocery shop in village Ghillaur. He had two sons, namely, Surinder Kumar and Jittu. Surinder Kumar was residing in Delhi along with his wife and children, whereas, Jittu was residing along with his maternal uncle in the village. His maternal uncle had gone to Delhi on 30th June to solemnise the marriage of his daughter. After marriage, they came to village Ghillaur. Gurbax Singh was residing in neighbourhood of his maternal uncle and he and his family members used to harass his maternal uncle and would pick up quarrels with him so that his maternal uncle, being fed up, may sell his house and property to them and settle at Delhi. His maternal uncle had told him on telephone on two-three occasions regarding this matter. He used to counsel him. Gurbax Singh and his family members, however, kept on pasturing him. In the morning at about 4.30, he was present in his house at Ladwa when he received a telephonic message from village Ghillaur that his maternal uncle had been set on fire and was brought to Ladwa Hospital for treatment. After hearing the said message, he reached Ladwa Hospital. His maternal uncle had received serious burns but was able to speak. He made conversation with him whereupon, he disclosed that in the morning at about 3.30 a.m. Gurbax Singh and his sons, Jarnail Singh, Amrik Singh, Dalip Singh and younger boy Billa, poured kerosene oil over him and set him ablaze. Ladwa Police was informed in this regard. Ladwa Police came to the hospital and Naib Tehsildar, Ladwa. was also called. His maternal uncle, in the presence of the Doctor and Naib Tehsildar, disclosed that he had been set on fire by Gurbax Singh and his family members by pouring kerosene oil. The Doctor referred his maternal uncle to Civil Hospital, Kurukshetra, where he took him. But he succumbed to his burn injuries. He further stated that he had a definite doubt that his maternal uncle had been done to death by Gurbax Singh, Jarnail Singh, Amrik Singh, Dalip Singh and Billa, residents of Ghillaur, by setting him on fire after pouring kerosene oil on him. During investigation, the police found Dalip Singh, who was in army, to be innocent, being present in his Unit at the time and date of occurrence and unable to be present at the scene of crime. The appellants, thus, were tried for an offence under Section 302 read with Section 34 of Indian Penal Code and sentenced, in the manner, referred to above.