LALA AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE four Appellants in this appeal are the three brother Lala (30), Ramesh (35) and Braham (36) sons of Ram Krishan of Fatehpur Chandela. The fourth is Inderaj (44), Ramesh's brother -in -law, who belongs to Dehkola. The four Appellants alongwith five others were tried for the murder of Jasbir Singh (32) of Daultabad. Two of the co -accused of the Appellants, namely Anil and Ashok had died during the trial while three other co -accused, namely, Rajesh, wife of Injderaj, Mansa Ram and Roshan were acquitted. The learned Additional Sessions Judge (Ad hoc), Faridabad pronounced judgment on May 19, 2003 convicting the four Appellants for offences under Sections 148/ 302 and 149 I.P.C. All four were awarded rigorous imprisonment for two years under Section 148 I.P.C. and rigorous imprisonment for life under Section 302/149 I.P.C. There were also respective sentences of fine. Both sentences were to run concurrently. The Appellants have appealed.

(2.) THERE was intense business rivalry between Jasbir Singh (deceased) his brothers Sukhbir (PW1) and Harbir (PW2) on the one hand and Ramesh and his brother -in -law Inderaj on the other over bicycle stands near the old Faridabad Railway Station. The two stands were close to each other but the stand being run by the deceased and his brothers was nearer the Railway Station and a greater number of cycles would be parked there. Ramesh and Inderaj would often scold Jasbir Singh for winning over their customers.

(3.) SUKHBIR (PW1) stayed back at the cycle stand upto 6 P.M. While Jasbir Singh went to Fatehpur Chandela, the village of the Appellants for attending the Panchayat. Sukhbir (PW1) returned home but after waiting till 9 P.M. for Jasbir Singh to return, he began to suspect that something untoward may have happened. Thereupon, Sukhbir (PW1) and his brother Harbir (PW2) set out for Fatehpur Chandela where they learnt that no Panchayat had been held there at least uptil 10.30 P.M. They could not get any clue regarding the whereabouts of their brother Jasbir Singh. When Sukhbir (PW1) and Harbir (PW2) were returning and had reached near the Government School of the village they heard Jasbir Singh crying "bachao -bachao". The two brothers rushed to that place and from a distance of about 20 paces saw that Jasbir Singh had fallen on the ground and was bleeding profusely. They also saw the four Appellants and Anil (deceased accused) standing there. Anil was armed with an axe and Ramesh and Inderaj were armed with iron rods (sarias). Lala and Braham were armed with lathies. On seeing the witnesses all five of them ran away towards Sector 21 - B. The Appellants were identified in the light of the street light. Jasbir Singh became unconscious on account of multiple injuries on his person. Sukhbir sent Harbir to arrange for transport to take Jasbir Singh to hospital. Harbir (PW2) returned with their brother -in -law Bishan Sarup, who also brought his car. Jasbir Singh was evacuated to Escorts Medical Centre, Faridabad but the O.P.D. was crowded so he was taken to B.K. Hospital, Faridabad where he was declared dead.