KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgement of the Sessions Judge, Hissar, dated 7th June, 1993, whereby the appellant stands convicted for committing the murder of his two brothers Punnu Ram and Janta Singh. The appeal arses out of the following facts given by the prosecution.

(2.) THE appellant Kartar Singh had five brothers, Punnu Ram being the eldest had been residing separately along with his wife, whereas the appellant and his other brothers except Bhajan Lal had been living at village Saharana with their father Bag Ram. Punnu Ram, Bhajan Lal had been living at village Saharana with their father Bhag Ram Pannu Ram, Bhajan Lal and Suhhash were married whereas the other Here still bachelors the appellant had suffered a mental ailment about two cars before the present incident, but after having been treated at Hissar and Sirsa. his condition had improved considerably and, thereafter, he had even been doing petty jobs in the house. On 23rd May, 1992, Janta Singh and Bag Ram his father had gone to irrigate their fields and Janta Singh had fallen asleep at about 6.30 A.M. the next morning and though Bag Ram had tried to awaken him, he could not succeed. At about 7. A.M. the appellant came to the field with a dolu and Kasiya and Bag Ram saw him going towards the tubewell but before Bag Ram could reach the tubewell, he inflicted blows with the Kasiya on the mouth and neck portion of Janta Singh while he was asleep. Bag Ram raised an alarm on which Subhash another son of Bag Ram and Nirmhla reached there whereas the appellant made good his escape. Janta Singh who was in acute pain was put on a cot by Bag Ram, Subhash and Nirmala and brought back to their house where they learnt that the appellant had also committed the murder of Punnu Ram while he had been sleeping in his house. Janta Singh too succumbed to his injuries in the hospital, whereupon, a First Information Report for the double murder was lodged by Bag Ram an eye witness to the murder of Janta Singh. On completion of the investigation, the accused was challaned and brought to trial.

(3.) IN support of its case, the prosecution examined as many as seven witnesses including P. W.4 Subhash, P. W.5 Sumitra Window of Punnu Ram deceased and P. W.6 Bag Ram and in addition relied upon the medical evidence of Dr. D.K. Dhadhich, who had conducted the post -mortem examination on the two dead bodies and had found a large number of injuries on their persons and the Investigating Officer A.S.I. Kanwar Singh -P.W.7, who deposed that the First Information Report had been recorded at the instance of Bag Ram - P. W.6. at 10.45 A.M. on the 24th May, 1992 in Police Station, Ratia, District Hissar.