JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) I will be deciding Criminal Appeal No. 309-SB of 1991 and Criminal Revision No. 585 of 1991 with this common judgment as they arise out of the same judgment dated 27.7.1991 passed by the learned Additional Sessions Judge, Kaithal, whereby he convicted Joginder Singh son of Dariya Singh and Rijak Ram son of Karam Singh, under Sections 307/324/34 IPC and sentenced them to undergo various terms.

(2.) Learned counsel for the appellants states, that Rijak Ram son of Karam Singh has died. Appeal against him has thus abated. We are left with the appeal of Joginder Singh son of Dariya Singh.

(3.) The case of the prosecution is that on the basis of ruqa Ex. PA, FIR Ex. PA/2 was recorded on the statement of Karambir. He stated that he was on leave for the last 30 days. On 22.3.89 at about 9.00 p.m. he along with Veer Bhan was standing near the Khera and appellants Rijak Ram and Joginder Singh came there and, asked Veer Bhan to play Holi, Both the accused, at that time, were under the influence of liquor. Veer Bhan refused to play Holi with them. Both, the complainant party and the accused, being related to each other. Appellants felt offended and started abusing Veer Bhan. They left the place and came back after 15 minutes. Appellant Rijak Ram caught hold of Veer Bhan and appellant Joginder Singh, who had a knife concealed under the blanket which he had on himself, gave a blow to Veer Bhan, which hit him on the left side, just below the chest. Joginder Singh-appellant then gave a knife blow, which hit on the left side of the chest of Karambir. Mahabir son of Thakur Singh and Balbir Singh son of Chhau Ram witnessed the occurrence.