ATTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Attar Singh, the appellant in Criminal Appeal No. 206 of 1994, Hazoor Singh, the appellant in Criminal Appeal No. 216 of 1994, who stood charged under S. 302 of Indian Penal Code read with S. 34 of the Indian Penal Code before the Sessions Judge, Karnal, in Sessions Case No. 5 of 1992 were accordingly convicted and sentenced to undergo Rigorous Imprisonment for life, to pay fine of Rs. 5000/- each and in default to further undergo Rigorous Imprisonment for six months. Aggrieved by the same they have come forward with these two separate appeals, which we dispose of by this common judgment.The case of the prosecution is as follows :-On 17-10-1991 at about 7.30 p.m. Kirpal Singh (PW-3) went to the truck Union at Nissing for hiring a truck and at that time Bhagwant Singh (PW-5) was also present there. An altercation took place between Paramjit Singh (deceased who was truck driver) on the one hand and appellants Attar Singh and Hazoor Singh (who are also truck drivers) on the other, when Paramjit Singh demanded the money due to him from appellant-accused Attar Singh. Kirpal Singh and Bhagwant Singh (PW-3 and PW-5) notified them and sent appellants-accused Attar Singh and Hazoor Singh away. In the meanwhile Gurbachan Singh had also come to the truck Union at 9.00 p.m. and he along with Kirpal Singh (PW-3) took Paramjit Singh (deceased) to his house. At about 9.30 p.m. when they reached near the house of deceased Paramjit Singh, the accused Attar Singh armed with Gandasi, Hazoor Singh armed with Lathi emerged from behind a cart. When Paramjit Singh was about to enter his house, accused Attar Singh gave blow with Gandasi on the head of Paramjit Singh, and accused Hazoor Singh hit Paramjit Singh with his Lathi on his head. Accused Attar Singh gave another blow with Gandasi to Paramjit Singh, who fell down unconscious. On the noise raised by Kirpal Singh (PW-3) Gurbachan Singh and Baljit Singh (PW-4) who is also brother of Paramjit Singh, the accused fled away with the weapons. Paramjit Singh was taken to Primary Health Centre, Nissing, where he was examined by Dr. Babu Ram (PW-1) at 10.20 p.m. He found the following injuries on Paramjit Singh :-

(2.) An incised wound on the left side of the parietal part of the scalp measuring 9 cms. x 1 cm. and was 9 cms. above the left pinna. The wound was bleeding profusely. X-ray of the skull was advised.

(3.) Lacerated wound on the left side of the parietal part of the scalp measuring 7 cms. x 2 cms. muscle deep. Bones were visible through the wound. The wound was moreso temporo occipital side, and was 4 cms. lateral to injury No. 2. X-ray of the skull was advised.According to Dr. Babu Ram, injuries 1 and 2 were caused by sharp edged weapon, while injury No. 3 was caused by a blunt weapon, within eight hours prior to his examination. The medico-legal report given by him is Ex. PB. Dr. Babu Ram (PW-1) did not ascertain the nature and extent of other injuries as the condition of Paramjit Singh was deteriorating. Paramjit Singh was immediately referred to the General Hospital at Karnal. Dr. Babu Ram (PW-1) sent intimation (Ex. PA) to the Police Station, Nissing.2-3. Paramjit Singh who was referred to the Civil Hospital, Karnal, was referred to from Karnal to Post-Graduate Institute, Chandigarh, where Paramjit Singh expired.