RAGHBIR SINGH Vs. DEVENDER SINGH

JUDGEMENT

(1.) This judgment would dispose of Criminal Appeal No.50-DB of 1997 (Devender Singh and others vs. State of Haryana, Criminal Revision No.290 of 1997 (Raghbir Singh vs. Devender Singh and others) and Criminal Revision No.528 of 1997 (Jai Pal vs. State of Haryana and others. Devender Singh, Suresh Singh and Shamsher sons of Lekhi Ram and Jai Bhagwan, Jai Pal and Jagbir Singh sons of Hardwari Lal have filed the appeal against the impugned judgment dated December 12, 1996 and sentence order dated December 17, 1996, passed by Sh.J.D. Chandna, the then Additional Sessions Judge, Bhiwani in case First Information Report No. 275 dated June 30, 1993, under Sections 302/ 323/ 324/ 326/ 147/ 148 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'the Code') registered at Police Station Sadar, Charkhi Dadri. The appellants were convicted under Section 302 read with Section 149 of the code for the murder of Sajjan Singh son of Daryav Singh. They were also convicted under Section 148 of the Code for the offence of rioting and under Sections 323, 324 read with Section 149 of the Code for causing injuries to Daryav Singh and Gaje Singh. Each of the appellants was sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- and in default of payment of fine to further undergo R.I for two years under Section 302 read with Section 149 of the Code. Each of them was sentenced to undergo R.I for one year under Section 148 of the Code. Further, each of them was sentenced to undergo R.I for one year and to pay fine of Rs.500/- and in default of payment of fine to further undergo R.I for three months under Section 324 read with Section 149 of the Code and to undergo R.I for six months under Section 323 read with Section 149 of the Code. All the substantive sentences were ordered to run concurrently. Raj Kumar being a juvenile at the time of the alleged occurrence was tried separately in the Juvenile Court. This judgment is confined to the conviction and sentence of these six appellants.

(2.) The facts of the prosecution case are that on June 29, 1993, at about 7/8 A.M, P.W. 3 Daryav Siongh along with his sons Sajjan Singh (deceased) and P.W.5 Gaje Singh were weeding out the wild grass from their cotton field. All the six appellants, namely, Devender Singh, Suresh Singh, Shamsher, Jai Bhagwan, Jai Pal and Jagbir Singh along with Raj Kumar son of Lekhi Ram (juvenile, who was separately tried), came there together. Devender Singh and Jagbir Singh (appellants) were armed with 'Pharsas'. The remaining appellants were armed with 'Jaillys'. The appellants challenged P.W.3 Daryav Singh, Sajjan Singh and Gaje Singh that they would teach them a lesson for getting the land of Puran transferred in favour of the sons of Daryav Singh and that they would uproot their 'Bajra' crop. They also said that they would cause them injuries and would get the land of Puran. P.W Daryav Singh told them that it was not good to quarrel and they should go from there. The appellants started abusing them. Sajjan Singh and Gaje Singh asked them to refrain from abusing them. At this, Jagbir Singh (appellant) gave a 'Pharsa' blow which hit the head of P.W.3 Daryav Singh. Then Devender Singh (appellant) gave a 'Pharsa' blow which hit on the head of Sajjan Singh. Shamsher (appellant) gave a 'Jailly' blow which hit on the neck of Gaje Singh. Suresh Singh (appellant) gave a 'Jailly' blow 'lathiwise' which hit on the shoulder of Daryav Singh. Raj Kumar gave a 'Jailly' blow which hit the right knee of Daryav Singh. Daryav Singh fell down. Jai Bhagwan (appellant) gave a 'Jailly' blow which hit Sajjan Singh on his right shoulder. Shamsher (appellant) gave a 'Jailly' blow to Sajjan Singh which hit on his back. Jai Pal (appellant) gave a 'Jailly' blow on the right leg of Sajjan Singh. Sajjan Singh also fell down. Devender Singh (appellant) gave a 'Pharsa' blow from reverse side which hit on the left foot of Gaje Singh. Suresh Singh (appellant) gave a 'Jailly' blow on the shoulder of Gaje Singh. Jai Pal (appellant) also gave a 'Jailly' blow to Gaje Singh. Shamsher (appellant) also gave a 'Jailly' blow on the back of Gaje Singh. All the injured raised an alarm, which attracted P.Ws Rajbir and Raghbir. They came there and rescued the injured from the appellants. They then fled away with their weapons.

(3.) Rajbir and Raghbir brought the injured to General Hospital, Charkhi Dadri. P.W.11 Dr.S.C. Gupta medico-legally examined Daryav Singh on June 29, 1993 at 11 A.M and he found the following injuries: