CHARANJIT SINGH & ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHARANJIT Singh and Gurmit Singh sons of Gurbax Singh are in appeal before us against the judgment dated 29th August, 1996 passed by the learned Sessions Judge, Karnal whereby they have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/ - each or in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) THE facts giving rise to this appeal are that one Darshan Lal son of Ram Lal resident of village Raison, P.S.Butana made the statement (Ex.PM) on 28th June, 1995 at about 10 A.M. that when he was returning to the village after fetching fodder from his field and reached in front of the house of Gurmukh Singh son of Lal Singh, he heard the noise of "hai -hai" from inside that house. At that time, Sukhbir Singh son of Gian Singh, resident of village Faral also arrived there and on hearing the noise both of them peeped into the house of Gurmukh Singh and saw that Charanjit Singh and his younger brother Gurmit Singh (appellants herein) armed with Fali and Gadala respectively in their hands were killing their sister Saroj Bala. On seeing the complainant and Sukhbir Singh as stated above, both Charanjit Singh and Gurmit Singh said that she had been done their sister Saroj Bala". Both the accused then entered the premises of reservoir (Jal Ghar) with their respective weapons and attacked Shiv Dhan who was sitting there. While Charanjit Singh inflicted Fali blow on the posterior side of his head, Gurmit Singh inflicted Gadala blow on the back, chest and hands of Shiv Dhan and in this manner Shiv Dhan was also done to death by them. After committing the murder of Shiv Dhan, both the accused dragged his dead body to the place where they had already placed the dead body of their sister Saroj Bala in their "Bara" (court -yard). According to the complainant, he along with Sukhbir Singh tried to save deceased Shiv Dhan but both the brothers were so furious with rage and full of vengeance that they could not save the deceased.

(3.) AUTOPSY on the dead body of Saroj Bala was conducted by Dr.O.P.Arya (PW -1) along with Dr.R.S.Chaudhary at 1.30 P.M. on 29th June, 1995 whereas autopsy on the dead body of Shiv Dhan was conducted by them at 2.50 P.M. on that "day. Following injuries were found on the bodies of Saroj Bala and Shiv Dhan respectively : -