INDERJIT SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) - These four appeals are directed against judgment dated 4/5-10-1993 delivered by Additional Sessions Judge, Yamuna Nagar at Jagadhri convicting the appellants Joginder Singh and Inderjit under Sec. 302/34 of Indian Penal Code and sentencing each one of them to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 and in default of payment of fine to further undergo rigorous imprisonment for three years. They were also convicted under Sec. 449/34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.500.00 each and in default of payment of fine to further undergo rigorous imprisonment for two years. They were also convicted under Sec. 323/34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for one year each. Joginder Singh appellant was further convicted under Sec. 25 of Arms Act and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 100.00 and in default of payment of fine to further undergo rigorous imprisonment for three months. He was also convicted under Sec. 27 of live Arms Act and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.200.00 and in default of payment of fine to further undergo rigorous imprisonment for six months. Appellants Manjit Singh and Hari Krishan were convicted under Sec. 449/34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500.00 each in liciauit of payment of fine to further undergo rigorous imprisonment for six months. They were further convicted under Sec. 323/34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year each. All the substantive sentences were ordered to run concurrently.

(2.) The facts giving rise to these appeals may, briefly, be mentioned as under.

(3.) The informant Khajan Singh (PW4) had six brothers. Harbhajan Singh is the eldest and younger to him is Balwant Singh. Jodh Singh was younger to Balwant Singh. Jodh Singh died about seven months prior to the occurrence of this ease which took place on 17.7.1989 around 7.00 A.M. Iqbal Singh is younger to Jodh Singh while Santosh Singh younger to Iqbal Singh. Khajan Singh is the youngest amongst his brothers. They are the sons of Malook Singh Munjal (Brahmin). Bhajan Singh had three sons and a daughter, Parvccn Kumar (deceased) was the eldest son who was married. The next child of Khajan Singh is the daughter named Ram Deepak and Amit are younger to the daughter Rama and amongst Dcepak and Amit, Deepak is elder to Amit. Rama, Deepak and Amit were unmarried on the date of the occurrence. Khajan Singh and his brother owned about 103 killas of land and on partition each one of them got 17 3/4 killas of land according to their 1 /6th share. The late Jodh Singh died issue less and as A matter of fact he died as a Bachelor. Khajan Singh was cultivating the land of his brother Jodh Singh who had during his life time executed a deed of will bequeathing the land of his share in favour of three sons of informant Kha jan singh. Jodh Singh had during his life time leased out 14 kill as of land of his share to Surinder Singh son of Milkha Singh, Jat Sikh, resident of same village for a period of five years @ Rs.26,600.00 per year rent, while the remaining 3 1/4 kill as of land was leased out to Gumam Singh son of Bir Singh, Jat Sikh, resident of the same village for a period of one year. It was alleged that after the death of Jodh Singh the other brothers of informant Bhajan Singh stated their claim in respect of the land of the share of Jodh Singh. Since the dispute arose regarding the land of the share of Jodh Singh, Surinder Singh deposited the lease money in the Court of S.D M. Kurukshetra with the prayer that the person found entitled for the same may be paid the lease money. The brothers of Khajan Singh started quarrelling with Gurnam Singh, the other lessee regarding the lease money in respect of 3 1/4 kill as of land leased out to him by Jodh Singh and they prevented Gumam Singh from sowing the land. Bhajan Singh had filed some suit in the Civil Court and obtained a stay order. In the background of this land dispute relating to the land of the share of late Jodh Singh, the occurrence of this ease took place on 17.7.1989. On that day in the morning at about 7.00 A.M. Gumam Singh was ploughing the said land with the tractor for sowing the paddy crop. Appellant Hari Krishan son of Iqbal Singh Munjal and appellants Joginder Singh and Manjit Singh, both sons of Santosh Singh reached the land which was being ploughed by Gurnam Singh, armed with lathis and they refrained him from ploughing the land and told him plainly that they would not permit him to cultivate and plough the land. Gumam Singh without retaliating came to the Baithak of the informant Khajan Singh and informed him (Khajan Singh) about it. Parveen Kumar (deceased) son of Khajan Singh was sitting there who told Gumam Singh that they will think out the way to solve the dispute. At that time, appellants Hari Krishan, Manjit Singh and Joginder Singh arrived at the Baithak, aforesaid, and, started hurling abuses. They were asked to desist from abusing when they left the Baithak and went home. However, soon thereafter appellant Inderjit armed with a lathi, Joginder Singh armed with a knife and Manjit Singh empty handed came there and again they started hurling abuses at Khajan Singh and his son Parveen Kumar. Inderjit opened the assault and gave two lathi blows which landed on the shoulder and calf of Khajan Singh (PW4). Manjit Singh, appellant, picked up a brick bat from the courtyard of the Baithak of the informant and hurled the same at Khajan Singh. Inderjit gave another lathi blow to Khajan Singh and then he held Parveen Kumar into his grip from behind and the appellant Joginder Singh gave knife blows to Parveen Kumar hitting him on his right flank, left arm and leg. An alarm was raised by Khajan Singh when the appellants Hari Krishan Holding a brick in his hand and Santosh Singh (Co-accused, who died during the trial) holding a torch in his hand came there. Hari Krishan hurled the brick at Khajan Singh while Santosh Singh, since deceased, gave blow with the torch to Khajan Singh who sat down and the blow of torch hit his left temple, Santosh Singh again tried to assault with the torch when Khajan Singh warded it off and the blow landed on the nose of the appellant Manjit Singh. When this occurrence commenced, Gumam Singh aforesaid left the Baithak and ran away out of fear. On hearing the hue and cry Mohinder Singh, jat Sikh and Smt. Santosh Kumari wife of Khajan Singh (PW4) came at the Baithak and rescued Khajan Singh and Parveen Kumar from the further attack of the assailants, who ran away with their respective weapons Parveen Kumar suffered grievous injuries in this occurrence Khajan Singh was also injured. After making arrangements for a conveyance Parveen Kumar was taken to the Civil Hospital at Ladwa where he was medically examined by Dr. A.K. Garg (PW6) who found an incised wound on the right side of front of abdomen of 3.5xl.5x2.5cms. 9cm from mid-line on the right lineal region with fresh bleeding and corresponding out was found on the shirt and Baniyan worn by Parveen Kumar (injury No. 1). The other two injuries were contusion on the lower lip on the right side of 0.5x0.5cm (injury No.2) and contusion lxl/2cm on front of left knee (injury No.3). Injuries No.2 and 3 were noted as simple while injury No.l was kept under observation subject to the opinion of the Surgeon and caused by sharp edged weapon while injuries No.2 and 3 were caused by blunt weapon. Parveen Kumar was referred to L.N.J.P. Hospital, Kurukshetra for treatment of injury No. 1. The probable duration of injuries was within six hours. Exhibit PM/1 is the correct carbon copy of the M Rs.R. prepared by the said Doctor. The injuries of Khajan Singh (PW4), the informant, were also examined the same day i.e. 17.7.1989 at 9.25 A.M. Injury No. 1 was a contusion of size 2x2 cms on left side of fact lateral to left eye. It was tendered to touch. Injury No.2 was noted as complaint of pain on right shoulder which was tendered to touch but no open injury' was seen. Injury No.3 is a contusion 3cm x 2cm on middle of left leg on its lateral aspect and injury No.4 was noted as an abrasion 1cm x 2.5cm on the back of right hand. All the injuries were caused by blunt weapon and simple in nature. Duration of the injuries was noted within 12 hours. Exhibit PN/1 is the correct carbon copy of the M Rs.R. Dr. Atul Arora, Medical Officer of L.N.J.P. Hospital, Kurukshetra (PW3) admitted Parveen Kumar in the Hospital on 17.7.1989 at 1.00 P.M. He expired on 19.7.1989 at 12.50 P.M. The same day H.C. Pale Ram sought the opinion of Dr. Arora (PW3) vide application Exhibit PF about the fitness of Parveen Kumar to make a statement. Dr. Arora gave his opinion vide report Exhibit PF/1 at 5.00 P.M. that Parveen Kumar was not fit to make statement. The statement of Khajan Singh was recorded by HC Pale Ram on 18.7.1989 at 3.30 P.M. at L.N.J.P. Hospital which is Exhibit PH and the same was sent with the endorsement Exhibit PH/1 to Police Station Radaur for registration of the formal F.I.R. which was registered there initially under Sections 452/324/323/34 of Indian Indian Penal Code vide D.D R.No.21 dated 18 7.1989 at 4.25 P.M. After the death of Parveen Kumar, inquest proceedings were conducted and the dead body was sent for post mortem exam ination which was conducted on 20.7.1989 at 9.00 A.M. by Dr. Balbir Bhardwaj, Medical Officer (PW7) of L.N.J.P. Hospital, Kurukshetra. He found four injuries noted as ante mortem injuries and according to his opinion the death was caused due to toxemic shock following perforating injury on small intestines which was ante mortem in nature, he prepared postmortem examination report, the carbon copy of which is Exhibit PS.