ATTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order of Sessions Judge, Rohtak, dated 28.5.1992 whereby Chhatar Singh appellant was convicted under Section 302 I.P.C. While his coappellant Attar Singh, Kewal and Kirpa Ram were convicted under Section 302 read with Section 149 of the Indian Penal Code for committing the murder of Jai Narain, Attar Singh was also convicted under Section 307 of the Indian Penal Code for firing towards Subha Chand, Dilbagh Singh and Baldev Singh PW s and Kamlesh and Savitri, whereas co-appellants Chhatar Singh, Kewal Ram and Kirpa Ram were convicted under Section 307 read with Section 149 of the Indian Penal Code. All the aforesaid four appellants were further convicted under Sections 148, 325 read with Section 149 I.P.C. and 323 read with the Sections 149 of the Indian Penal Code. Vide order dated 10.6.1992 Chhatar Singh appellant was sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code while Attar Singh, Kewal Ram and Kirpa Ram appellants were sentenced to undergo imprisonment for life under Section 302 read with Section 149 of the Indian Penal Code. Attar Singh appellant was sentenced to undergo rigorous imprisonment for seven years under Section 307 of the Indian Penal Code while Chhatar Singh, Kewal Ram and Kirpa Ram appellants were sentenced to undergo rigorous imprisonment for five years each under Section 307 read with Section 149 of the Indian Penal Code. All the four appellants were further sentenced to undergo rigorous imprisonment for one year under Section 148 of the Indian Penal Code; rigorous imprisonment for three years each under Section 325 read with Section 149 of the Indian Penal Code and rigorous imprisonment for one year each under Section 3 23 read with Section 149 of the Indian Penal Code. All the substantive sentences of imprisonment were ordered to run concurrently by the learned Trial Court. Mahi Pal, Anup Singh, Satish Chandan and Surender co-accused of the aforesaid appellants were acquitted by the learned Trial Court.

(2.) Aggrieved against the aforesaid order of acquittal Kamlesh wife of Jai Narain deceased filed Criminal Revision No. 778 of 1992 for awarding compensation to the tune of Rs. 5,00,000/ - to the petitioner. The aforesaid revision was ordered to be listed with the main appeal qua the enhancement of sentence regarding convicted accused-respondents only. Since common questions of law and fact are involved, both the appeals as well as the revision shall be disposed of by common judgment.

(3.) In brief facts of the prosecution case as emerged from the First Information Report lodged by Baldev Singh, first informant and brother of Jai Narain deceased, are that in the year 1980, the first informant along with his brothers Ram Kumar, Subha Chand, Jage Ram and Jai Narain deceased along with their sisters son Sat Pal resident of Marot purchased 50 Kill as of land. Sat Pal who had 1/5th share in the aforesaid land sold his share in favour of Chhatar Singh, Attar Singh and Kewal Ram appellants. The complainant party which was in possession of the land filed a suit for presumption, whereas the present appellant Attar Singh and others filed a suit for partition. The occurrence took place on 7.6. 1989 at about 8.30 a.m. when Subha Chand, Jai Narain and Dilbagh Singh their relation went to their fields for working. Shortly before the occurrence Jai Narain was watering the plants with a sprinkler and for this purpose he went ahead to change the line of the sprinkler. At that time Kewal Ram and Chhatar Singh appellants armed with Ballams, Attar Singh appellant armed with a pistol, Kirpa Ram appellant armed with Jail is and 4-5 other persons armed with Lathies and Jail is emerged from the eucalyptus trees standing nearby. On seeing them Jai Narain came running towards the place where Subha Chand and Dilbagh Singh were already standing. Jai Narainhad hardly covered a short distance and reached near the place where guava trees were standing Chhattar Singh appellant came forward and gave a blow with Ballam to Jai Narain hitting on his left side of the neck. Kewal Ram appellant then gave a blow with Ballam to Jai Narain hitting him on his chin. Jai Narain fell down on receipt of the said injuries shortly thereafter Chhattar Singh gave a second blow with his Ballam hitting Jai Narainon the upper portion of his head. Kewal Ram appellant gave a blow with Ballam to Jai Narain on the back side of his head. Chhattar Singh gave third blow with a Ballam to Jai Narain hitting him or the upper portion of his head. Kirpa Ram gave a blow with Jaili lathi wise to Jai Narain hitting him in his waist. Subha Chand, Dilbagh Singh alongwith Smt. Kamlesh wife of Jai Narain and Smt. Savitri wife of Subha Chand who had come there to serve meals to other persons of the complainant party, rushed towards Jai Narain to rescue him. Thereupon Kirpa Ram appellant gave a lathiwise blow with Jaili hitting Baldev Singh on his waist and unknown young man gave a blow with a Lathi on the left thumb of Baldev Singh PW. Another young man who was wearing a chequered design shirt and a Jean pant gave a Lathi blow on the front of the right leg of Baldev Singh PW. The aforesaid accused inflicted injuries with their respective weapons to Subha Chand, Dilbagh Singh as well as Kamlesh and Savitri. Attar Singh appellant fired two shots from his pistol with the intention to kill the members of the complainant party but the same missed the target. In the meantime on hearing the alarm raised by the complainant party, Bani Singh and Sultan Singh came to the spot from the adjoining fields. On seeing them all the aforesaid accused ran away from the spot along with their respective weapons. In their self-defence the complainant party also caused injuries to one or two unknown persons. Sultan Singh and Bani Singh took the injured in their tractor to Civil Hospital, Jhajjar and as they reached near the gate of the said Hospital, Jai Narain succumbed to his injuries. According to the first informant Baldev Singh, his brother Jai Narain was murdered because of grudge regarding the land in dispute and on this account the injuries were inflicted to the complainant party in order to kill them. It was also mentioned in the First Information Report that the murder of Jai Narain was planned at the house of Mehar Ram, earlier.