STATE OF HARYANA Vs. KULDIP SINGH

JUDGEMENT

(1.) This judgment shall also dispose of the connected Criminal Appeal No. 94-SB of 1994 (Jassa alias Jaspal Singh v. State of Haryana) as both the appeals arise out of a common judgment dated 25-1-1994, passed by learned Additional Sessions Judge, Karnal, in Sessions Case No. 50/1992. holding accused Jassa Singh guilty of offence under Section 304 (Part-I) and sentencing him to RI for 10 years with a fine of Rs. 4000/- with a direction to further undergo RI for six months in case of default. He has also been held guilty under Section 27 of the Arms Act and has been sentenced to RI for three months. However, the trial Court has not found the co-accused persons guilty of offences charged with under Sections 148, 302, and 325 read with Section 149, IPC and Section 27 of the Arms Act.

(2.) At the outset, it is relevant to mention that the State has though filed an appeal challenging the acquittal of eight accused persons but has not questioned the conviction of accused Jassa Singh for a lesser offence under Section 304 (Part-I) IPC.

(3.) The prosecution case is based on the statement of Baljit Singh (PW 13) an injured witness, recorded by SI SHO Vijinder Singh on 27-6-1990, the date of incident. Complainant Baljit Singh has stated that he was a resident of Village Nidana. He had four brothers. The eldest of all is Ranjit Singh, then the complainant, then Surjit Singh, and the youngest one was Pal Singh. A year before the incident, they had purchased 3 killas of land in Village Beer Majra (from Diswans of the village. The land was adjoining the dera of Kartar Singh. Kartar Singh also owned further 7 acres land near their purchased land. Kartar Singh had suggested that the complainant side should exchange 3 killas of land adjoining his dera which they had purchased from the Diwans, and in lieu, he was to give 3 killas out of his seven killas land and that he was to lease out the remaining 3 killas of land to them @ Rs. 2800/- per killa. A writing deed was done, but later on, Kartar Singh refused to make the statement for transfer of the land. The parties were cultivating each other's land for the past one year. An amount of Rs. 2800/- was paid towards lease money by the complainant side to Kartar Singh for the 3 killas leased land and the rest 3 killas had been given in lieu of exchange. Accused Lakha Singh and Rup Singh, sons of Kartar Singh, told the complainant side that they would not exchange the land, and complainant side should cultivate their own land and they would cultivate their own. As per their asking the complainant side on 25-6-1990 ploughed their land, and on 26-6-1990 they watered it and planted paddy crop in one killa after smoothening the land. On the date of incident, at about 4.30 p.m., the complainant was cultivating the left out portion of the land for sowing crop, and his two brothers Ranjit Singh and Surjit Singh with one of his relatives Rajbir Singh were also sitting there and gossiping. In the meanwhile accused persons namely Kuldip Singh armed with a kirpan, Jassa Singh with a gandasi, Gurnam Singh and Lakha Singh with barchhi, Subeg Singh and Banta Singh also with gandasis, Bansa Singh with sword and one more person, came out from the dera of Kartar Singh. Accused Lakha Singh and Gurnam Singh raised a lalkara that they would teach the complainant a lesson for cultivating that land. Hearing the lalkara, brothers of complainant, Ranjit Singh and Surjit Singh and his relative Rajbir Singh stood up. When the complainant stopped the tractor and was about to move towards them, then accused Subeg Singh, who was holding a gandasi, wheeled the weapon like a lathi, and gave a blow to Surjit Singh on his head. Surjit Singh fell down. Thereafter, accused Kuldip Singh gave a sword blow to Surjit Singh which hit him on the upper portion of his left eye. Accused Gurnam Singh, Lakha Singh and Banta Singh also gave gandasi and barchhi blows to Surjit Singh while he was lying on the ground. At that time, Ranjit Singh rushed to save his brother Surjit Singh. Then accused Lakha Singh asked accused Jassa Singh to shoot him. Pursuant thereto accused Jassa Singh fired a gun shot at deceased Ranjit Singh from the gun he was holding. The gun-shot hit him on his left leg, and he fell down. When the complainant ran towards the accused raising alarm mar diya, mar diya, then all of them went away along with their respective weapons. Rajbir Singh tried to catch hold of them, but accused Bansa Singh gave a sword blow, which hit him on his left hand little finger. Thereafter, while the complainant was taking his brother Ranjit Singh and Surjit Singh, and relative Rajbir Singh to Civil Hospital Karnal in tractor, Ranjit Singh succumbed to the injuries on the way. His dead body was kept in the mortuary, and he got his brother Surjit Singh admitted in hospital. According to the complainant, accused Kuldip Singh, Jassa Singh, Rur Singh, Subeg Singh, Gurnam Singh, Lakha Singh, Banta Singh and Bansa Singh, and one more person whom he did not know, murdered his brother Ranjit Singh, in prosecution of their common object having grudge over the land. They also caused injuries to his brother Surjit Singh and relative Rajbir Singh. As per police proceedings, it appears that the SHO had received a VT message regarding the death of Ranjit Singh, and therefore, with police force he had reached the General Hospital, Karnal, lor verification of the occurrence, where he had recorded the statement of Baljit Singh (PW13). The SHO found a prima facie case under Sections 302/148/149/323, IPC and 25 and 27 of the Arms Act. He sent the statement through Head Constable IIIam Singh for registration of FIR. Pursuant thereto, an FIR was registered and the copies of the police papers along with original writing were sent to the SHO at the spot through special Constable. The copies of FIR and special report were sent to higher authorities by Moharrir Head Constable Gurdial Chand on 27-6-1990 itself through Constable Surinderpal (PW 11).