BALBIR SINGH ALIAS BHIRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Balbir Singh alias Bhura son of Balkar Singh and Lakhvinder Singh alias Lakhu son of Ajit Singh, who were tried along with their co-accused Gurbachan Singh son of Mohan Singh and Pritam Kaur, mother of Lakhvinder Singh have filed the present appeal against the order of conviction and sentence recorded against them by Shri B. P. Jindal, Addl. Sessions Judge, Kurukshetra, who vide his judgement dated January 12-13, 1995, found both the appellants guilty of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 1000/- and in default thereof to further undergo RI for six months. Co-accused of the appellants, Gurbachan Singh and Pritam Kaur were, however, acquitted giving them benefit of doubt. Information with regard to death of Mela Ram was reported by PW 4 Ghansham Dass on Feb. 14, 1992 at 3.45 p.m. to ASI Rajesh Kumar, PW 14, of Police Station Shahabad. He stated that he was resident of Satya Nagar, Shahabad Markanda and they were four brothers. Their land was situated near Markanda Bandh. On 14-2-1992 at about 1 p.m. he was grazing the cattle at the Bandh. His brother Mela Ram, Pritam Singh son of Mula Ram, caste Saini and Joginder Singh Patwari had gone to the fields of Lakhvinder Singh for delivery of possession of the land to Pritam Singh. On their way to the fields, they had to pass from near him. His elder brother Mela Ram had effected an agreement to sell the land between Lakhvinder Singh and Pritam Singh Saini. The deed was scribed by Dalip Chand, petition writer. Later on, Lakhvinder Singh backed out of the promise to sell the land and wanted to swallow the earnest money. His brother Mela Ram and he pressurised Lakhvinder Singh to execute the sale deed and as such he executed the sale deed in respect of five acres of land instead of 91/2 areas mentioned in the agreement. On the eventful day, Joginder Singh Halqa Patwari, Pritam Singh and Mela Ram had gone to the spot for demarcation of the land measuring five acres and delivery of possession. Joginder Singh Patwari had gone away after demarcation and delivery of possession. At that time, Lakhvinder Singh, Balbir Singh alias Bheera, who is brother-in-law (sister's husband) of Lakhvinder Singh, Gurbachan Singh son of Mohan Singh and Pritam Kaur widow of Ajit Singh, all residents of Sahabad, were also present at the spot. Pritam Kaur raised a lalkara that Mela Ram should be put to death as he had got the possession of their land delivered. At that, Lakhvinder Singh and Balbir Singh, armed with gandasis and Gurbachan Singh, armed with lathi, stepped ahead. Within his sight, Lakhvinder Singh and-Balbir Singh started causing blows with their respective gandasis on the head and face of his brother Mela Ram and Gurbachan Singh dealt a lathi blow to him. On this, Pritam Singh and he raised an alarm of 'MAR DIA - MAR DIA' and rushed to the spot. Lakhvinder Singh, Balbir Singh, Gurbachan Singh with their respective weapons and Pritam Kaur fled away from the spot with their respective weapons. Pritam Singh and he had seen this occurrence. Gandasi blows had been given to his brother Mela Ram on his face and head. Had they not raised an alarm, the assailants would have caused more injuries to Mela Ram. He had Pritam Singh then removed Mela Ram to Civil Hospital, Shahabad in an unconscious condition.

(2.) From the facts, as have been noted above, it appears that the occurrence leading to death of Mela Ram, took place on Feb. 14, 1992 in the fields at Shahabad which is at a distance of 2 kms. from the Police Station at I p.m. and the FIR came to be recorded at 3.45 p.m. under Section 307 read with Section 34 of the Indian Penal Code. The special report reached the Magistrate concerned at Kurukshetra at 9.45 p.m. on Feb. 14, 1992, which is stated to be 27 kms. from Police Station Shahabad. Mela Ram succumbed to his injuries on March 3, 1992 at 4 a.m. in P.G.I., Chandigarh whereafter FIR was converted to one under Section 302, I.P.C.

(3.) The prosecution, with a view to bring home the offence against the appellants and their co-accused, examined PW 4 Ghansham Dass, who is real brother of deceased and PW 8 Pritam Singh, who is not related to the deceased in any manner. These two persons are stated to be eye witnesses of the occurrence and they have fully supported the prosecution version.