JAGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this appeal filed by Jagir Singh appellant, challenge is to the order of conviction and sentence recorded against him by Shri B. L. Gulati, Sessions Judge, Ambala whose vide judgement dated 17th of September, 1993 held him guilty and convicted him under S. 302 of the Indian Penal Code and further ordered that he shall be sentenced to life imprisonment and pay a fine of Rs. 1,000/- in default whereof, he shall further have to undergo rigorous imprisonment for two years.

(2.) The prosecution case leading to the death of Baru Ram was unfolded by Mam Raj son of Baru Ram whose statement was recorded by A.S.I. Jagir Singh PW 8 at Civil Hospital, Ambala on 4th of April, 1992, as a result of which formal F.I.R. came into being at 4.30 p.m. on the same day. He stated that he was a resident of Binjalpur and was engaged in labour. At about 7.30 a.m. his father Baru Ram son of Fagu Ram had gone to Bara (enclosure) for tethering cattle. He and his brother Mahabir were following their father. As they tethered their buffaloes, Jagir Singh son of Jindu Ram, Harijan by caste, started beating their buffaloes there. At this stage he and his brother replied that it was their Bara and that they would tether their cattle there. Thereafter, appellant Jagir Singh got furious and inflicted two eucalyptus stick blows on the head of his father Baru Ram. One of the blows hit his father on the middle of his head and other blow near his left eye towards its left side, as a result of which his father fell down on the ground. When his brother Mahabir and he tried to rescue Jagir Singh appellant gave a bite on his right and left hand and fled away while hurling abuses. Thereafter, they put their father in a tractor-trolley of a person whose name, and address was not known to them and removed their father to hospital at Mullana where doctor referred his father to hospital at Ambala City. It, thus, appears from the facts of the case that Baru Ram was injured.

(3.) On 4th of April, 1992 at about 7.30 a.m. at village Binjalpur and the F.I.R. was recorded on the same day at 4.30 p.m. on the statement given by Ram Raj at 3.30 p.m. Initially a case under S. 307 of the Indian Penal Code was registered against the appellant but when Baru Ram died on 8th April, 1992, the same was converted into one under S. 302 of the Indian Penal Code. The Special Report reached the concerned Magistrate at Ambala at 10.10 p.m. on 4th of April, 1992. PW 1 Mam Raj and PW 6 Mahavir who are-the sons of Baru Ram deceased supported the prosecution versions in all its necessary details.