SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) TWO real brothers, Subhash and Mohan Lal sons of Shri Giani Ram, who have been sentenced to undergo inprisonment for life and to pay a fine of Rs. 500/- each and in default thereof to further undergo RI for six months under Section 302 read with Section 34 of the Indian Penal Code, have filed the present appeal bearing No. 174-DB of 1993 against the orders of the Sessions Judge, Karnal, dated April 2, 1993. Murti Devi widow of Krishan Lal seeks enhancement of sentence given to the two appellants through Criminal Revision No. 428 of 1993. By this order, thus, we shall dispose of the appeal as also the revision, referred to above.

(2.) MALHAR Singh, Inspector/SHO, Police Station, Sadar Karnal moved in the matter to register a case against Subhash and his Brother Mohan Lal on the information received by him from Lakhi Ram son of Shri Jagan Nath, who, on July 24, 1991 at 7.30 a.m. stated before him that they were four brothers, eldest being Sita Ram and younger to him being Giani Ram. He was younger to Giani Ram and Bal Kishan was still younger to him. His father, Jagan Nath was alive and he was owner of 8 acres of land. His father, by way of family partition, had given to him and his brothers two acres of land each. His father had installed one electric tubewell in the said land. All of them were irrigating from that common tubewell turn by turn. His brother Giani Ram and he cultivated the land. He had taken two acres of land from his brother Sita Ram on lease and he cultivated the same. Giani Ram cultivated the land of Bal Kishan on lease. They had mutually decided the turn of water from the said tubewell day wise. On July 23, 1991 it was their turn of water. In the evening the appellant Subhash told him that they would take the turn of water, whereupon his son Krishan told that is was their turn of water that day. There was an altercation on that issue. Appellant Subhash threatened to see him and others at the tubewell as to who was to irrigate. At about 9.30 p.m. electric supply had started. His son Krishan and he came at the tubewell and switched the tubewell which started irrigating the fields. At about 1 a.m. he went to divert the flow of water. His son Krishan was sitting on a cot near the tubewell. Just then the appellants came there. Immediately on arriving there, they said that they would take the turn of water. Thereupon, his son Krishan said that it was their turn of water and as such they could not take the turn of water. At this, the appellants hurled abuses. He was also attracted to the tubewell. Appellant Subhash gave a kassi blow to Krishan on his head whereas Mohan gave a kassi blow on his left knee. He raised alarm which attracted Nathu son of Parsa Ram, Brahman by caste, resident of the village, who was also irrigating his land in the adjoining fields. He came running. In his and Nathu Ram's presence, the appellants kept on giving blows with their respective kassis to Krishan indiscriminately and fled away from the spot while wielding kassis at them. His son Krishan succumbed to his injuries at the spot. Nathu and he had witnessed the said occurrence in the light of electric bulb fitted on the Kotha of the tubewell. Leaving Nathu Ram at the spot to guard the dead body, he had come to the Police Station and gave his statement which was recorded by Malhar Singh, Inspector/SHO, Police Station Sadar Karnal. It has come in the evidence that the Police Station is at a distance of 11 Kms. from the place where Krishan was murdered and that the special report had reached the Magistrate concerned at 8.30 a.m., which, as mentioned above, was recorded at 7.30 a.m. on July 24, 1991. Dr. S.R. Ajman, Senior Medical Officer, General Hospital, Karnal, conducted post-mortem examination on the dead body of Krishan on July 24, 1991 at 3.15 p.m. and found the following injuries:-

(3.) WHEREAS , Lakhi Ram, father of the deceased, appeared as PW2, Nathu Ram, a neighbourer, who had arrived at the place of occurrence, appeared as PW3. Both of them supported the prosecution version in all its material details. The way and manner in which the investigation proceeded in the matter was provided by PW6 Inspector Malhar Singh and PW8 Vijay Kumar. The accused in their statements recorded under Section 313 Cr.P.C. denied their participation in the occurrence leading to the death of Krishan and further stated that it is a case of blind murder and they had been roped in falsely. They, however, led no defence. After the resultant trial, both the appellants were held guilty and convicted under Section 302 read with Section 34 of the Indian Penal Code and as mentioned above, sentenced to undergo life imprisonment and also to pay a fine of Rs. 500/- each and in default of the payment thereof, to further undergo RI for six months.