SATISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 6/9.2.1998 passed by Sessions Judge, Sonipat, whereby he convicted the appellant under Section 302 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and he was ordered to pay a fine of Rs. 500/-; in default thereof, he was further directed to undergo rigorous imprisonment for six months. Further appellant was sentenced to undergo rigorous imprisonment for six months under Section 323 of the Indian Penal Code. Both the sentences were ordered to run concurrently. Appellant was also burdened with a sum of Rs. 20,000/- as compensation to be awarded to the legal heirs of Krishan deceased.

(2.) THE facts required to be noticed for the disposal of this appeal are that on 22.2.1997 Gulab Singh and his nephew Bijender Singh had gone to irrigate their fields which are situated within the revenue estate of village Khewra. At about 9.00 P.M., one tractor was seen coming from Palri side, which was going towards Bahalgarh attached with a trolly loaded with sand. As soon as that tractor reached near their field, bearing of trolly went out of order. On that account, tractor stopped which was driven by Satbir son of Bhoop Singh, resident of Rohna. Satbir went to Gulab Singh and Bijender Singh, took water and then requested for help. Gulab Singh (PW-5) and Bijender accompanied him and went at the place where tractor had stopped. Gulab Singh stood on the road to take precaution of the traffic, while Bijender and Satbir both were fixing jack to the trolly. In the meantime, another tractor appeared from Bahalgarh side. Tractor was being driven by Satish accused. One scooter had been following the tractor of Satish. Scooter was being driven by Krishan Kumar, while Nafe Singh was pillion rider. Accused Satish immediately applied breaks to the tractor without giving any signal. In that process, the driver of the scooter also applied breaks with great force and succeeded in stopping the same. Thereafter, Krishan and Nafe Singh went to satish and lodged a protest that why he had stopped the tractor without giving any signal and there was exchange hot words. Accused Satish lost temper and took out lift rod of tractor and hit Krishan and Nafe Singh on their heads. On receipt of those injuries, Krishan and Nafe both fell down and went unconscious. Gulab Singh tried to over-power Satish, but he escaped. In the meantime, one Tata Summo appeared at the spot, which was got stopped. Both the injured were put in that TATA Summo and were taken to Civil Hospital, Sonipat. When doctor examined Krishan and Nafe, he declared Krishan as dead, while Nafe was admitted in the Ward in unconscious condition. Intimation was sent to Police. Sub Inspector Sajjan Kumar, Station House Officer, Police Station Rai, reached in Civil Hospital and recorded statement, Ex. PG, of Gulab Singh and made his endorsement, Ex. PG/1, and then dispatched the same to the Police Station on the basis of which, formal FIR, Ex. PG/2, was recorded by Assistant Sub Inspector Mohinder Singh. Thereafter, he moved an application, Ex. PC, for obtaining opinion about the condition of Nafe Singh and the doctor opined that Nafe Singh was unfit to make a statement. Then Sub Inspector Sajjan Kumar conducted inquest proceedings on the dead body of Krishan, which is Ex. PF, recorded statements of the witnesses and moved application, Ex. PE/1 for getting the post mortem examination of dead body of Krishan done. Tractor and scooter were taken into possession. He also lifted blood stained earth from the place where Nafe Singh and Krishan had fallen. The same were sealed with seal SKG and was handed over to Bijender after use. He prepared rough site plan with correct marginal notes Ex. PS. After completion of necessary formalities, accused was sent up for trial.

(3.) PROSECUTION , in order to prove its case, examined as many as fourteen witnesses, namely, Dr. V.K.Gupta (PW-1), Constable Inderpal (PW-2), Dr. Rakesh Girdhar (PW-3), Mahender Singh, ASI (PW-4), Gulab Singh (PW-5), Nafe Singh (PW-6), Udey Singh (PW-7), Dhanpat Rai (PW-8), Raj Singh, ASI (PW-9), Baljit Singh, Constable (PW-10), Om Parkash, Constable (PW-11), Sajjan Kumar, SI (PW-12), Dr. Lt. Col. P. Joshi (PW-13) Prem Singh, Inspector (PW-14) and after tendering into evidence report of FSL, Exs. PV and PV/1, closed its evidence.