STATE OF HARYANA Vs. KARAN SINGH

JUDGEMENT

(1.) This appeal against the order of acquittal has been filed by the State of Haryana with an obvious prayer to set aside the order, acquitting the respondents herein and to hold them guilty of an offence under S. 302 read with S. 34 of the Indian Penal Code for having intentionally caused the death of Dilbagh Singh.

(2.) The only question that needs to be determined in this appeal is as to whether the respondents had a right of defence of their person and as to whether in exercise of their said right that they killed Dilbagh Singh. Before, however, the sole question mooted out is answered, one way or the other a brief resume of the facts deserves necessary mention.

(3.) Jagi Bhagwan Singh P.W. 6 got his statement recorded to Azad Singh A.S.I. of Police Station Kharkhoda on 15th of March, 1989 at 6.30/6.45 p.m. on the basis of which formal FIR came into being at 10.45 p.m. on the same day at Police Station, Kharkhoda. Jai Bhagwan stated that his real grandfather Lipti and one Shiba son of Shiv Ram were cousins. Shiba was his grand father in his relation and he (Shiba) had five daughters. Out of them Chander, his father's sister (Bhua) and Nimbo were married with Durga Parshad and Ram Singh respectively. His grand father Shiba had no male issue and as such his (Shiba's) land was partitioned among his five daughters being co-sharers. His father's sister's husband (Phupha) Ram Singh and Durga Parshad had been residing in their village since long. His father's sister (Bhua) Giano daughter of his grand father Shiba was married with Tale son of Prabhu. The land falling in the share of Giano measuring 45 Kanals and 16 Marlas was purchased by the members of his family. His father's sister's husband (Phupha) Durga Parshad had filed a pre-emption suit through his father's sister (Bhua) regarding the said land. His father's sister (Bhua) Chander had since died. So his father's sister's (Bhua) sons, namely, Mohinder Singh, Karan Singh and Siri Bhagwan sons of Durga Parshad were contesting the said case and the case was fixed for hearing on 24th of March, 1989. The turn of irrigating this land out of canal water started from 7.43 to 8.51 p.m. On the last turn of water they had taken (borrowed) water from Karambir Singh Lambardar son of Tarif Singh of their village. Today they had to return canal water to Karambir Singh Lambardar who had come. The said water was meant for irrigating land in dispute and at about 6.30 p.m. he along with Lakhmi, Dilbag son of Tale Ram and Karambir son of Tarif Singh. went to their fields known as Orddarwala in order to return the water to Karambir. Mohinder son of Durga Parshad armed with a double barrel gun came to them and started saying to Dilbagh. "We have won the pre-emption suit in respect of the land in dispute, the water whereof you want to give to Karambir Lambardar. We have taken the possession of the said land and the mutation entries have also been made in our favour today." At this Dilbagh replied. "The case is still pending and therefore, you have not succeeded in the case." In the meanwhile, Durga Parshad and Siri Bhagwan son of Durga Parshad both armed with lathies came there and started saying. "We will take water and will not allow Karambir to take the same." They continued saying that they (informant and his companions) would give water definitely for the reason that they had purchased the land and further said that the case was still pending. In the meanwhile, Mohinder Singh fired a shot from his double barrel gun. However, the shot did not hit any one. On hearing the reporting of fire shot, Randhir son of Harkishan, Dalip Singh son of Goli Ram and Harkrishan son of Goli Ram, also reached there. In the meanwhile, Mohinder Singh fired another shot from his gun. Persons from their side snatched the gun and bandolier containing cartridges from Mohinder Singh. In the meantime, Karan Singh son of Durga Parshad armed with a double barrel gun Ram Bhaj resident of village Kiloi with whom his cousin Krishna daughter of his father's sister (Bhua) was married, armed with a lathi came there and within their sight Karan Singh fired a shot which hit Dilbagh Singh. As a result thereof, Dilbagh Singh fell down on the spot and died. They also inflicted injuries to them in their self defence. As soon as Dilbagh Singh died, all the five persons fled away from the spot. Leaving Lakhmi, Harkishan and Randhir Singh to guard the dead body of Dilbagh Singh, he went to lodge the report when Azad Singh ASI met him. It has further been recited in the First Information Report that there were criminal cases between Mohinder Singh and them previously also. During the quarrel Siri Bhagwan gave a lathi blow on his right shoulder. Lakhmi and Harkishan had also received injuries in the fight. The gun and the bandolier containing cartridges belonging to Mohinder Singh were in possession of Randhir Singh son of Harkishan. The special report with regard to the incident reached Judicial Magistrate 1st Class, Sonepat at 1.00 p.m. at night.