LAXMI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 09/15/6/2004 passed by the Sessions Judge, Yamunanagar.

(2.) The instant FIR came to be registered on 8/1/2002. The accused-appellants came to be convicted vide judgment of conviction and order of sentence dated 09/15/6/2004. The present appeal against the judgment of conviction and order of sentence was filed on 26/6/2004. The matter has come up for final hearing now after almost 23 years of the registration of the FIR.

(3.) The brief facts of the case are that On 7/1/2002, a telephonic message was received in the Police Station Jathlana that a quarrel had taken place in village Rajheri and that the injured had been removed to Civil Hospital Radaur. On receiving this information Amar Nath SI/SHO along with Madan Lal ASI, Mohinder Singh ASI, HC Randhir Singh, Constable Karan Singh and Constable Inderjit Singh reached Civil Hospital Radaur where complainant Dharam Singh made a statement to the effect that he had three brothers. He was the eldest and younger to him was Karan Singh and younger to Karan Singh was Udhey Singh and the youngest was his brother Krishan Kumar (deceased). The accused persons were known to him because Laxmi Chand accused was an agriculturist and had a karyana shop in the village which was situated at a distance of about 30/40 paces from his house. Kuldeep Singh accused was the son of Laxmi Chand and he also used to sit at the shop. On 7/1/2002 at about 7.00 p.m., he (complainant) alongwith his brother Krishan Kumar were going to their house from the side of their poultry farm. The deceased was 20-25 paces ahead of him. When they reached on the road, he told his brother to purchase ground-nut from the shop of Narender Kumar and then reach the house. When his brother Krishan Kumar reached in front of the shop of Laxmi Chand and when he (complainant) was about 10-15 paces from that shop at that time accused Kuldeep Singh abused the deceased and accused Laxmi Chand and Chinto Devi came out from the shop and caught hold of the deceased. Accused Kuldeep Singh after raising a lalkara that the deceased be taught a lesson for buying goods from the other shop gave a knife blow on his abdomen. He (complainant) raised a noise which attracted his father Jai Singh. When Jai Singh reached the spot he asked the accused as to why knife blows had been given to his son Krishan Kumar. The accused Kuldeep Singh and Chinto Devi caught hold of his father and accused Laxmi Chand after taking the knife from the hand of Kuldeep Singh gave knife blows in the left side of the abdomen near chest and on the right arm of his father. On hearing the noise raised by him (complainant) and his father, his uncle Ajmer Singh son of Des Raj, Raj Kumar son of Prem Chand and his brother Karam Singh were attracted to the spot and on seeing them all the accused ran away from the spot. The injured were removed to Civil Hospital, Radaur and when they reached near Civil Hospital, Radaur, Krishan Kumar died. After recording statement Ex.PH, the same was endorsed by Amar Nath SI/SHO and was sent to the police station for the registration of the case through constable Karan Singh, on the basis of which formal FIR Ex.PH/1 was recorded by Mohinder Singh MHC.