DALBIR SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) In a free country like India right to own property is a fundamental right given by the Constitution of India and every citizen, as per his desire, can possess moveable and immovable property, but at the same time, law does not permit inheritance of property by committing a crime. It is sad to note that accused Dalbir Singh, who is the grand son of the complainant, wanted to take share of the land by committing the murder of his uncle Ram Partap. He was tried with others, but except for him, all other accused were acquitted of the charges framed against them.

(2.) This appeal is directed against the judgment dated 14.10.1997 passed by Additional Sessions Judge, Sirsa, whereby he convicted the appellant under Sec. 302 read with Sec. 149 of the Indian Penal Code and 148 of the Indian Penal Code. Appellant was sentenced to undergo rigorous imprisonment for life under Sec. 302 read with Sec. 149 of the Indian Penal Code. Further he was sentenced to undergo rigorous imprisonment for one year under Sec. 148 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(3.) A synoptical resume of the prosecution case is as under: