BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 3.2.1994 of the Additional Sessions Judge, Panipat vide which Baldev Singh accused-appellant was convicted under section 302 of the Indian Penal code and was sentenced to undergo imprisonment for life and a fine of Rs. 2,000/-. In default of payment of fine he was ordered to suffer two years' rigorous imprisonment. The other two co-accused Ranjit Singh and Angrej Singh, who were also charged under section 302/34 of the Indian Penal Code, were acquitted by the learned trial Court by giving them the benefit of doubt.

(2.) BALDEV Singh appellant has assailed the judgment/order of the learned Sessions Judge, Panipat dated 3.2.1994.

(3.) ON 14.3.1992 Virsa Singh, PW-3, Sukhwant Singh PW-6 and Jasbir Singh (now deceased) went on a tractor from village Mehmadpur to the land of the society at about 12 noon. Sukhwant Singh PW started ploughing the land with the tractor while PW-3 Virsa Singh started working with the spade on the same land. Jasbir Singh laid on the cot in front of the kotha of the tube-well which was at a distance of half a killa from the place where they were working. At about 2.00 p.m. PW-3 Virsa Singh and PW-6 Sukhbir Singh saw Baldev Singh accused armed with a Gandasa, Angrej Singh armed with a lathi and Ranjit Singh accused armed with a Neja, standing near the cot of Jasbir Singh. On seeing them standing near the cot of Jasbir Singh, both of them started moving towards them. Ranjit Singh and Angrej Singh exhorted Baldev Singh accused, by saying, that Kala was laying on the cot and they would not again get opportunity to kill him. On hearing so Baldev Singh accused gave a Gandasa blow on the neck of Jasbir Singh and then all the accused with their respective weapons ran towards the dera of Baldev Singh. Both the PWs chased them up to a distance of half a killa but thereafter, they returned back out of fear. Jasbir Singh succumbed to his injuries at once as his neck had been cut. Virsa Singh PW stayed at the spot while Sukhwant Singh went to the Police-Station, Sadar, Panipat to inform the police, after visiting his village Mehmadpur. Before reaching the Police-Station, Sukhwant Singh PW met the Assistant Sub Inspector Amar Dass PW-10 near Kabri School on Mehmadpur Road which is at a distance of about 3 kms from the place of occurrence. Sukhwant Singh PW-6 gave his statement Ex.PH which was recorded by Amar Dass Assistant Sub Inspector PW-10 and Sukhwant Singh PW signed it by admitting that statement to be correct. Amar Dass ASI made endorsement Ex. PH/1 upon it and sent the same to the Police-Station for registration of the case upon which formal FIR Ex.PH/2 was recorded by Parkash Chand Assistant Sub Inspector whose signatures he identified. Amar Dass ASI PW-10 along with Sukhwant Singh PW-6 went to the spot on the tractor and reached there at 4.45/5.00. At the spot 25-30 persons including women, were present and were weeping. He prepared inquest report Ex.PB and wrote application Ex.PB/1 for requesting the doctor to conduct the post mortem examination on the deadbody of Jasbir Singh. He got the dead body of Jasbir Singh photographed from PW-8 Ashok Kumar, Photographer. He lifted blood-stained earth from the spot and also took into possession blood-stained Charpai, pair of shoes and some ropes (Baan) cut from the cot, vide memo Ex. PQ after making them into separate sealed parcels, attested by Mukhtiar Singh and Sahib Singh witnesses. He prepared rough site plan Ex. PR with correct marginal notes. Statements of Jhirmal Singh, Jagtar Singh, Virsa Singh, Mukhtiar Singh and Sahab Singh were also recorded by him.