SAHAB SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) OUT of three accused, Gurnam Singh was acquitted, whereas his son accused -Appellant Sahab Singh @ Sahabu and one Sukhwant Singh alias Sukha Singh (hereinafter referred to as 'the accused') were convicted under Section 302 read with Section 34 IPC, by the learned Additional Sessions Judge -I, Kurukshetra, vide its judgment dated 16.3.1998.

(2.) THE facts necessary for the disposal of this appeal as emanating from the prosecution case are that, accused Sahab Singh and his father Gurnam Singh are the residents of village Salpani Kalan, whereas accused Sukhwant Singh alias Sukha Singh is the resident of Dera Adhoya, Police Station Pehowa, District Kurukshetra. On 28.10.1995, at about 5.00 PM, Sahab Singh along with Sukhwant Singh (whose name was ascertained by the complainant Naresh Kumar later on) had visited the shop of Sanjiv Kumar for purchase of Jarda on credit but Sanjiv Kumar refused to do so, resultantly the accused felt insulted; abused him and came back.

(3.) ON the basis of the aforesaid statement made by the complainant Naresh Kumar before SI Chander Pal, which was completed at 2.00 AM on 29.10.1995, the FIR was registered at Police Station Jhansa, at 4.00 AM. The investigation commenced; inquest proceedings were conducted by SHO Chander Pal; took into possession the parcel of the clothes belonging to the deceased; recorded statements of the witnesses; prepared the rough site plan of the place of occurrence; arrested Sahab Singh and Sukhwant Singh on 31.10.1995; took into possession blood Crl. stained shirt; pyjama and knife got recovered from Sahab Singh on the basis of the disclosure statement. During investigation, accused Gurnam Singh having found innocent, therefore, was placed in column No. 2 whereas, challan against the Sahab Singh and Sukhwant Singh was presented in the Court.