SURINDER PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Criminal Appeal arises out of a judgment dated 23.4.1997 passed by learned Additional Sessions Judge, Yamunanagar at Jagadhri, in Sessions Case No. 50 of 18.8.1994, holding accused-appellants Surinder Pal and Bijinder guilty of offence under Sections 302 IPC, and sentencing them to undergo RI for life with a fine of Rs. 1,000/- each, in default of payment of fine, to under go further RI for six months. Besides, they were also held guilty of offence under Section 27 of the Arms Act and were sentenced to undergo RI for one year with a fine of Rs. 500/- each, in default of payment of fine, to undergo further RI for three months. Accused- appellant Tej Pal was convicted under Section 307 IPC and sentenced to the imprisonment already undergone with a fine of Rs. 1,000/-, in default of payment of fine, to further undergo RI for six months. And accused-appellant Narinder was convicted only under Section 324 IPC and he was also sentenced to the imprisonment already undergone.

(2.) THE FIR (Ex. PF/1) is based on the statement of Birbal Singh (PW-7). He stated that four months prior to the incident, he had purchased a bara (enclosure) in Abadi Deh (village), measuring 17 marlas, from one Kanwar Pal. Ram Singh and Tara Singh sons of Achpal Singh and their sons, namely, Surinder son of Tara Singh and Bijinder son of Ram Singh, had objected to the purchase of the aforesaid bara. That was the motive for commission of offence. On 16.3.1994 at about 8.00 A.M., Tej Pal, another son of Tara Singh, came to the spot with a Tractor bearing No. UMU/7397 (make Messey-295) with a tiller attached to it for ploughing the aforesaid bara. By doing so, he wanted to establish his possession over the disputed premises. Molar, brother of Birbal Singh, complainant, came to stop Tej Pal from ploughing the bara, whereupon, Tej Pal picked up an axe (kulhari), being kept in his Tractor and gave an axe blow on the head of Molar. Complainant Birbal Singh, Punnu Ram son of Mam Raj, Mohinder son of Molar, Punnu son of Surjit, and Ramesh son of the complainant, resident of the same village, were standing near khera on the metaled road. They went to rescue Molar. At that stage, Narinder son of Ram Singh reached there running being armed with an axe (kulhari) and on his arrival, he gave an axe blow on the left arm of Punnu Ram. As a result, Punnu Ram fell down there itself. At that time, accused-appellants Bijinder son of Ram Singh and Surinder son of Tara Singh residents of the same village were seen standing on the roof of their house, situated near the bara towards the north, with double barrel guns in their hands. On seeing the complainant side, they aimed their guns and accused-appellant Bijinder at once fired a shot, heating (hitting ?) deceased Mohinder Singh son of Molar in his head. In the meantime, accused-appellant Surinder son of Tara Singh also fired a shot on deceased Mohinder Singh, hitting him on his face and neck towards the right side. Mohinder Singh fell down instantly. Complainant side took shelter behind the Tractor to save themselves. Complainant Birbal Singh found deceased Mohinder Singh bleeding profusely from his mouth, nose and ear, who succumbed to the injures on the spot itself. Thereafter, both the accused-appellants, Bijinder and Surinder, fired 2-3 shots and jumped down from the roof of their house. Thereafter, they fired about 10 shots through the holes in the walls of their house. On hearing the gun shots being fired, the residents of the village also gathered there. Other members of the complainant side also came there for their rescue, but Ved Pal son of Chajju Ram stopped them on gun point (a country made pistol). Thereafter, all the accused-appellants ran away from the spot with their respective weapons, leaving the Tractor with its engine on. Molar was taken to the hospital by witness Ramesh son of complainant Birbal Singh. Complainant's nephew Mohinder Singh succumbed to the injures on the spot, caused by accused-appellants Bijinder and Surinder with their guns. Tej Pal inflicted injuries with an axe (kulhari) to Molar and Narinder also caused axe injuries to Punnu Ram.

(3.) WE have heard learned counsel for the parties and perused the records.