AMRIK SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common Judgment we will be disposing of Cr.A.No.46-DB of 2004, Cr.A No 160-DB of 2004 and Cr. Revision No.686 of 2004, as they arise out of the same judgment of the Additional Sessions Judge, Karnal. The Additional Sessions Judge, Karnal vide his judgment/order dated 6.12.2003/ 10.12.2003 convicted appellants Amrik Singh, Kashmir Singh, Amarjit Singh, Avtar Singh and Sher Singh under Sections 302/307/148/149 Indian Penal Code and sentenced them to undergo various terms of sentences.

(2.) The story of the prosecution is unfolded by the statement Ex. PA of complainant Joginder Singh given to Inspector Prem Singh on 4.7.1998 at 9.15 a.m. in the General Hospital. He stated that he has another brother, his name is Gurnam Singh and is elder to him. Both of them live together and do cultivation. Their land is adjacent to the land of Avtar Singh. Avtar Singh had a direct electric connection from the main line, which was unauthorized. On 2.7.1998 officials of the Electricity Department came along with the police and removed the electric wire and took it away. Avtar Singh had a suspicion that Joginder Singh had made a complaint to the Electricity Department. Due to this grudge Amarjit Singh, Amrik Singh and Kashmir Singh all sons of Jarnail Singh tried to stop Joginder Singh's tractor trolley in which he was carrying fertiliser to the fields though they were not successful in doing so. Amarjit Singh was armed with a gun. Nishan Singh son of Mohinder Singh was driving the tractor trolly of complainant Joginder Singh. Joginder Singh was accompanied by Pala Ram son of Fakina, Sunehra son of Santa Ram both being Siris (crop- sharers). The complainant party did not say anything, but took the tractor trolly to their fields. Amarjit Singh, Amrik Singh and Kashmir Singh kept on abusing them. In the evening at about 4 p.m. complainant Joginder Singh along with his brother Gurnam Singh was present at his Dera in their fields. In the meantime, Avtar Singh armed with a Sota, Sher Singh armed with a DBBL gun and Amrik Singh armed with a Gandasi came to their Dera on a tractor which was being driven by Kashmir Singh. Immediately on reaching, Sher Singh fired a shot with his DBBL gun at him, which hit him on his finger, of his right hand. Sher Singh fired another shot which hit Joginder Singh on his right thigh. Thereafter Amarjit Singh fired a shot which hit Gurnam Singh on his chest. Gurnam Singh died on the spot. Pala Ram son of Fakiria Ram and Nishan Singh son of Mohinder Singh who had seen the occurrence, raised a lalkara to stop inflicting injuries. Joginder Singh tried to snatch the gun from the hands of Sher Singh, as a result, the gun broke into two pieces. Mohinder Singh son of Jaswant Singh and Jasbir Singh son of Dalip Singh put Joginder Singh in a tractor and admitted him in Assandh Hospital. The doctor gave him first-aid and then referred him to General Hospital, Karnal. Swaran Singh son of Mulla Singh, Mukhtiar Singh son of Darshan Singh got Joginder Singh admitted in the General Hospital at Karnal. The cause of grudge is that the appellants suspected that the complainant party had informed the Electricity Department regarding the theft of electric energy being done by Avtar Singh. On the basis of this statement, F.I.R. Ex.PF was recorded on 4.7.1998 at 10.30 a.m., Special report reached the J.M.I.C. on 4.7.1998 at 3 p.m.

(3.) The police did not take any action on the F.I R. Ex.PF, as they found the appellants to be innocent. Joginder Singh on seeing that the police were not taking any action, then filed a complaint Ex.PC, in the Court of Shri Ajay Singal, J.M.I.C. Karnal, against Avtar Singh son of Iqbal Singh, Sher Singh son of Avtar Singh, Amarjit Singh son of Jarnail Singh. Amrik Singh son of Jarnail Singh and Kashmir Singh son of Jarnail Singh under Sections . 302/307/148/149 Indian Penal Code.