NAFE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 87- DB of 2005 preferred by the accused (appellants herein) and Criminal Revision No. 474 of 2005 filed by the complainant Kanwar Singh, having arisen out of a common judgment.

(2.) Criminal Appeal No. 87-D.B. of 2005 is directed against judgment and order dated 12.1.2005/14.1.2005 passed by the Additional Sessions Judge, Panipat, whereby in case F.I.R. No. 38 dated 30.5.2002 Under Section 302/324/323/34 I.P.C., Police Station Bapoli, District Panipat, the accused- appellants have been convicted under Section 302 read with Section 34 I.P.C., for having committed the murder of Bhanwar Singh and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- and in default of payment of fine, to further undergo rigorous imprisonment for three years. Accused have also been convicted for committing offence under Section 324 I.P.C. and have been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months. The accused have further been convicted for committing offense under Section 323 I.P.C. and have been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for 45 days. All the substantive sentences were, however, directed to run concurrently. It was further directed that 4/5th of the amount of fine on realisation was to go to the legal heirs of Bhanwar Singh, injured Mukesh and Vinod in the ratio of Rs. 15,000/-, Rs. 2750/- and Rs. 2750/- respectively. Further, the period of detention already undergone by the accused during enquiry and trial was ordered to be set off while calculating the total period of sentence. It was also ordered that the case property i.e. Ballam, Gandasi and Lathi be confiscated to the State and disposed of as per rules after the period of expiry of period of appeal/revision.

(3.) In brief, the facts of the case are that on 30.5.2002, Kanwar Singh (PW4)-complainant alongwith his brother, namely, Bhanwar Singh (since deceased) was working in the fields known by the name of Yamuna belt. Ram Phal son of Sugna, Gujjar, resident of Goela Khurd, was also ploughing his fields. At about 12 noon, Nafe Singh son of Shoran Singh armed with a Ballam, Dheeraj armed with a Gandasi and Angrej Singh armed with a Lathi, came to their fields and raised a Lalkara that Bhanwar Singh be taught a lesson for ploughing the fields, whereafter Nafe Singh gave a Ballam blow to Bhanwar Singh on the right side of his chest on its lateral side lower part, while Dheeraj gave a Gandasi blow on his left knee and Angrej gave a Lathi blow to him. Upon this, Bhanwar Singh cried 'Mar Diya Mar Diya' and on hearing his noise, Vinod and Mukesh went to rescue their uncle Bhanwar Singh but they were also inflicted injuries by the above-three accused with their respective weapons. When Kanwar Singh complainant alongwith Ram Phal intervened, the accused alongwith their respective weapons fled away from the spot. Accused Nafe Singh while leaving told them that his brothers Sahab Singh and Iqbal Singh has lot of money and can manage the affairs. Kanwar Singh, complainant, alongwith Ram Phal went to the spot and found his brother Bhanwar Singh lying dead. Thereafter, Hari Singh son of Phula Singh and his wife Kiran Sarpanch who were coming from the fields alongwith Jhota buggi took the injured to village and subsequently, to Civil Hospital, Panipat. Complainant Kanwar Singh made statement Exhibit PB before A.S.I. Randhir Singh in regard to the occurrence which led to registration of formal F.I.R. Exhibit PB/1 after making an endorsement Ex.PB/2. After commencement of investigation, both the injured, Mukesh and Vinod, were got medico-legally examined and their medical reports Exhibits PE and PF were obtained. The police then moved an application Ex.PG for recording their statements and vide endorsement Ex.PG/1 the injured were declared fit to make statement. The police also moved an application Exhibit PH/3 for conducting post-mortem on the body of Bhanwar Singh deceased and post-mortem report, Exhibit PH, was given. Thereafter, a rough site plan, Exhibit PN, of the place of occurrence was prepared. The dead-body of Bhanwar Singh was got photographed and photographs Ex. P3 to Ex. P6 alongwith their negatives Ex. P7 to Ex. P10 were collected. A scaled site plan of the place of occurrence Ex. PC was got prepared. Blood-soaked earth was also collected from the place of occurrence and taken into possession vide seizure memo. Ex. PD. Thereafter, proceedings under Section 174 Criminal Procedure Code were conducted. All the three accused, named above, were arrested out of whom accused Nafe Singh made a disclosure statement Exhibit PQ on the basis of which he got recovered Ballam, Exhibit P-2, which was taken into possession vide recovery memo Ex. PQ/2 after preparing its rough Khaka Ex. PQ/1, Further, the rough site plan of the place of recovery of the said weapon of offence, Exhibit PQ/3, was prepared. Later, the other two accused, namely, Dheeraj and Angrej Singh produced weapons of offence, i.e. Gandasi, Ex. P-1 and Lathi taken into possession vide recovery memos. Ex.PS and Ex.PS/1 after preparing their rough Khakas Ex. PR and Ex. PR/1 respectively. The police then moved an application Ex. PH/1 for getting opinion from the doctor about the nature of injuries caused to deceased Bhanwar Singh with Ballam and obtained report Ex. PHJ2.