LAKHWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant has filed the present appeal for challenging the judgment dated 10.8.2007 passed by the Sessions Judge, Kurukshetra whereby respondents No.2 and 3, namely, Gulzar Singh and Rajender Singh, respectively were acquitted of the charges under Sections 364 and 302 read with Section 34 IPC.

(2.) RESPONDENTS No. 2 and 3 were tried for the aforementioned offences on the allegations that on 30.8.2014, pursuant to a criminal conspiracy and in furtherance of their common intention, they abducted Sampuran Singh in order that said Sampuran Singh might be murdered and during the period between 30.8.2004 and 2.9.2004 they committed his murder in the area of Morni Hills by intentionally and knowingly causing his death.

(3.) THE case of the prosecution in nutshell was that deceased -Sampuran Singh, who happened to be the maternal uncle of accused Gulzar Singh, owned about 8 acres of agricultural land. He had also purchased about 8 acres of land of village Kurali which was under his cultivation. Accused -Gulzar Singh tried his level best to persuade Sampuran Singh to sell his agricultural land of village Kurali in his favour but Sampuran Singh did not agree to do so. On 30.8.2004, accused -Gulzar Singh alongwith his friend Rajender Singh, who is also the accused, and one Yash Pal hatched a criminal conspiracy and took Sampuran Singh from his house on the pretext of celebrating the birth anniversary of Yash Pal. Initially, Sampuran Singh hesitated to accompany them but on their repeated persuasion, he agreed. On 2.9.2004, accused -Gulzar Singh informed complainant -Mohinder Singh on telephone that his father Sampuran Singh had expired in a vehicular accident near Morni Hills. The complainant alongwith his family members reached Panchkula at about 8.00 a.m. and came to know that accused -Gulzar Singh had already reported the matter to the police by stating that Sampuran Singh and one Niranjan Ravidass had died as a result of their car rolling down the hill. Complainant -Mohinder Singh did not suspect any foul play and, accordingly, the dead body of Sampuran Singh was brought to the village where his last rites were performed on 3.9.2004. A few days later, Daljit Singh told the complainant that in the evening of 30.8.2004 when he was taking meals at a dhaba in Pipli Town, he noticed the accused and Sampuran Singh taking liquor. Good amount of liquor was served to Sampuran Singh and, thereafter, he was put in a car which was driven by accused Rajender Singh. By that time, the complainant had felt that the death of his father Sampuran Singh was an act of God. However, on 8.8.2005, Dalbir Singh and Baldev Singh met him and stated that on the previous evening they had gone to the house of accused -Gulzar Singh where they found Gulzar Singh and Rajender Singh alongwith Yash Pal already taking liquor. Both of them joined the accused. At about 11.00 p.m. when Gulzar Singh got drunk, he started claiming that he was Lord Krishna of the present days as he had killed his maternal uncle Sampuran Singh, who was Kans since he had been keeping an evil eye on his wife. Accused -Gulzar Singh took Rajender Singh and Yash Pal in an embrace saying that both of them were his best friends as they had helped him in liquidating Sampuran Singh. When Dalbir Singh asked the accused as to how it happened, the accused narrated that they had kidnapped Sampuran Singh from Pipli on 30.8.2004 and after serving him good amount of liquor, took him to Morni Hills where again they served him liquor and made him senseless. They put him in his car and pushed the car down the hill. At that time, one Niranjan Ravidass, a labourer also arrived there, who had seen them committing the crime. Therefore, they also threw him from the hill and then accused -Gulzar Singh reported the matter to the police claiming that Sampuran Singh had died in an accident.