RAJINDER @ DHAMAL AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeal No. 817 -DB of 1997 filed by the accused against their conviction and sentence and Criminal Revision No. 1224 of 1997 filed by the complainant for enhancement of sentence and award of compensation.

(2.) THE appellants challenge their conviction under Sec. 302/149 IPC, for which, they have been awarded sentence to undergo life imprisonment and to pay fine of Rs. 1,000/ -and in default, to undergo further RI for four months; under Sec. 148 IPC, for which, they have been sentenced to undergo RI for one year; under Sec. 323/149 IPC, for which, they have been sentenced to undergo RI for six months; under Sec. 324/149 IPC, for which, they have been sentenced to undergo RI for one year and under Sec. 325/149 IPC, for which, they have been sentenced to undergo RI for three years and to pay fine of Rs. 500/ -and in default, to undergo further RI for two months. All the sentences have to run concurrently.

(3.) FIR (Exh. PF/2) was registered on 19.12.1992 at 11.05 A.M. at Police Station Rohtak, in respect of the occurrence which took place at 7.30 A.M. in Village Dulhera at a distance of 18 kms. from the police station. Version in the FIR recorded on the statement of Taj Singh (PW -3) son of Puran Mal , brother of the deceased Ishwar Singh, is that the complainant -party had taken seven killas of land on lease, in auction, from the Panchayat and had also installed tubewell in that land adjacent to the passage. Accused Hoshiar Singh son of Roopa (who died during the trial) had also taken adjoining land from the Panchayat. Earlier the complainant party and the accused party had given bids for the Panchayat land and the complainant party was successful. For this, the accused nursed a grudge. One day prior to the occurrence, on 18.12.1992 at 5 P.M., when Taj Singh and Ishwar Singh were present in their fields, Dhamal, accused son of Hoshiar Singh met them and asked them why they had fixed kikkar sticks adjacent to their field. He started removing the said fencing. Both the parties exchanged hot words. Dhamal said that he will not permit the complainant party to fix the fencing. Both the sides went to their respective houses. On the next day, at 7.30 A.M., Taj Singh, his brother Ram Phal (PW -5) and Ishwar -deceased and his cousins Azad Singh (PW -4) (Azad Singh of the same name is accused also) and Krishan went to their land to irrigate the same. Ishwar and Azad were getting ready to operate the tubewell. Taj Singh and Krishan (there is accused Krishan by same name also) were standing near the tubewell. Hoshiar Singh armed with axe, Dhamal armed with Pharsa, Rajbir, brother of Dhamal armed with Pharsa, Krishan, brother of Dhamal armed with Jelly, Darshan, brother of Dhamal armed with Jelly and Azad, brother of Dhamal (different from Azad Singh, complainant) armed with axe came to the tubewell of the complainant and started abusing, saying that they will teach the complainant -party a lesson for bidding for the Panchayat land and also for fixing the fencing. Rajbir gave a Pharsa blow on the left wrist of Ishwar, Krishan gave a Jelly blow on the left foot of Ishwar and Dhamal inflicted Pharsa blow on the neck and chin of Ishwar (this proved to be fatal injury). Azad, Krishan and Ram Phal of the complainant party rushed to rescue Ishwar. Hoshiar Singh inflicted axe blow on the head and left wrist of Azad (complainant), Azad accused inflicted 3/4 axe blows on the back of Azad (complainant), Krishan inflicted lathiwise blows with Jelly on the head of Azad, Darshan gave Jelly blow on the right arm and near left arm -pit of Krishan, Krishan caused Jelly blow on the right thigh and left arm -pit of Azad, Rajbir inflicted Pharsa blow on the back of Krishan and Hoshiar Singh inflicted axe blow on the left hand of Ram Phal. Taj Singh raised an alarm, on which, Dhamal etc. ran away. He found that Ishwar had died. Taj Singh left Raje son of Bhoop Singh near the deadbody of Ishwar and sent injured complainants to Civil Hospital, Bahadurgarh and started proceeding towards police station for lodging the report. On the way, he met PW -10 Mange Ram, SHO at Bus Stand of Village Dulhera. The complainant -party in self defence, uprooted pegs from the dol (border) of the field and caused injuries to the assailants. This statement was recorded at 10.15 A.M. by Mange Ram and the writing was sent for lodging of formal FIR. A copy of special report was received by the Area Magistrate at 2.35 P.M. PW -10 Mange Ram went to the place of occurrence; got the scene of occurrence photographed; prepared inquest report (Exh. PD); picked up bloodstained earth; took into possession three pairs of chappals, a white muffler and two wooden pegs; prepared rough site plan; sent the deadbody for post -mortem and recorded statements of witnesses. He deposited the case property with the MHC at the Police Station. Thereafter, investigation was handed over to SI Ishwar Singh (PW -6). He submitted final report to the Court. Post -mortem examination on the deadbody of Ishwar Singh was conducted on 20.12.1992 at 11 A.M. by Dr. K.C. Aggarwal, PW -1, who found following injuries on the deadbody: