KARAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, we are disposing of Criminal Appeal No. 524-DB of 2003 filed by Karam Singh and nine others and Criminal Appeal No. 727-DB of 2003 filed by Prem Singh and two others, whereby they have challenged the judgment dated 26.5.2003 and order dated 28.5.2003 passed by learned Additional Sessions Judge, Ambala while convicting and sentencing them.

(2.) THE aforementioned thirteen appellants along with one Nirmal Singh were initially arraigned as accused on the allegations that on 1.12.1995 they committed the murder of Bhim Singh, Ram Partap and Kusum, besides giving injuries to Rajpal, Udham Singh, Satish Kumar, Nasib Singh and Angrej Singh. Before the case was taken up for consideration on the question of charge, Nirmal Singh accused died. Charge were framed against the present 13 appellants under Sections 302, 307, 324, 323 read with Sections 149 and 148 IPC. Charge under Section 27 of the Arms Act was also framed against Karam Singh appellant.

(3.) THE facts giving rise to the present case are that on 1.12.1995 at 7.00 A.M., Bhim Singh, Raj Pal, Udham Singh and Angrej Singh were proceeding on a tractor-trolley towards their fields. They were taking manure in the trolley. Bhim Singh was driving the tractor. All the appellants along with Nirmal Singh-accused were found present on their way. While Karam Singh was standing with a gun in his hands, the other accused were having gandasis and lathis in their hands. On seeing the tractor-trolley, the accused raised a Lalkara while abusing and proclaimed that it was an appropriate chance to catch them, referring to the persons, who were proceeding on the tractor-trolley to the fields. Saying so, Karam Singh opened fire with the gun, which hit Bhim Singh on his neck. On hearing the noise of the fire shot, Hakam Singh, Ram Partap, Angrej Singh, Jaswant Singh, Satish Kumar, Nasib Singh and Kusum, daughter of Balbir, arrived at the spot. All of them started rescuing Bhim Singh etc. from Prem Singh and others. In the meantime, Karam Singh accused fired many shots from his gun, which hit Bhim Singh, Ram Partap, Raj Pal, Udham Singh and Kusam. As a result of the firing, Bhim Singh and Ram Partap succumbed to their injuries at the spot. Prem Singh etc., who were having lathis and gandasis in their hands, gave injuries to Angrej Singh, Nasib Singh, Jaswant Singh and Satish Kumar, who were, thereafter, sent to Civil Hospital, Naraingarh for treatment. The persons of the complainant side, also inflicted injuries to Prem Singh and Ramji Lal in their defence. Accused Karam Singh and others were also saying that Jagdish and Ishwar should also be brought out as they were to be killed. However, both of them were not present in the house. At that very moment, accused Karam Singh and others fled from the spot with their weapons.