BHIM SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The applicant-Bhim Singh has filed the present application seeking leave to appeal against the impugned judgement and order of conviction dated 16.08.2016 and 19.08.2016 respectively, passed by learned Addl. Sessions Judge, Kaithal, for short 'Trial Court' vide which private respondents No.2 to 5 have been convicted under Section 304 Part-II instead of Section 302/34 of Indian Penal Code (for short 'IPC').

(2.) The brief facts of the case are that an FIR No.58 dated 24.04.2015 under Sections 302/34 IPC was registered at Police Station Rajound on the basis of the statement (Ex.PA) made by Bhim Singh (PW-1) to the effect that they are agriculturists having three brothers and two sisters. Krishan was the eldest and Kasturi was the youngest, who died one year ago and all are living separately. On the intervening night of 23/24.04.2015, complainant was sleeping in his house and his elder brother, i.e. Krishan called him at about 11.00 p.m. When he came out of his house, he heard noise of fighting from the adjoining house of Sanjay son of Kartar Singh. Then, he alongwith Birbal son of Shanu Ram his elder uncle reached there and they found that Krishan was lying on the ground and Sanjay son of Kartar Singh, Karam Chand son of Hari Singh, Pardeep @ Kala and Ashok Kumar, both sons of Karam Chand were beating him with kicks and fist blows. On seeing us, they escaped from the place of occurrence and in the meanwhile, his mother, Jagmati wife of Krishan and Parveen son of Krishan reached there and they arranged a vehicle to shift the injured to hospital, but he died before reaching the hospital. It is stated that motive behind the crime is animosity between Krishan and accused Karam Chand due to the water pipeline going to his house and which was leaking in the field of Krishan and he requested the accused persons to do the needful, but they did not listen and in this regard, an altercation had taken place at about 5/6.00 p.m. on that day. Krishan had gone to the house of Sanjay to lodge the protest but they murdered him.

(3.) After registration of the FIR, investigation was conducted and accused were arrested and thereafter report under Section 173 Cr.P.C. was submitted against all the accused. Thereafter, the case was committed to the Ld. Sessions Court by Illaqa Magistrate and Ld. Trial Court prima-facie found that accused have committed the offence under Section 302 read with Section 34 IPC and, accordingly, they were charge sheeted for the same to which they pleaded not guilty and claimed trial.