MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) MOHAN Lal and Muni Lal sons of Bishna on their convictions under Section 307 read with Section 34, Indian Penal Code, and sentence of 6 years' rigorous imprisonment and payment of a fine of Rs. 100 or in default to undergo rigorous imprisonment for another period of three months each have come up in appeal.

(2.) THE prosecution story briefly stated runs as follows. The accused-appellants on one side and Bachan Singh complainant P. W. 2 on the other were sent up for security proceedings under Section 107 of the Code of Criminal Procedure some four years' back. The parties came to terms and with it the proceedings ended. About 4 days before the occurrence a case under the Punjab Excise Act was registered against Bachan Singh P. W. by the police. He thought that Mohan Lal accused-appellant and his brother Ishar Singh were responsible for it. In order to collect information about the place where the accused-appellants had been distilling illicit liquour which he wanted to pass on to the police, he contacted Gurnam Singh P. W. 5 aged 30 years who was their employee. Gurnam Singh undertook to do so. On 11th January 1967, at about 8 P. M. when Bachan Singh along with his servant Banwart P. W. 6 were sitting in his baithak, the said Gurnam Singh came there and informed the first of them about the place where the accused-appellants were distilling illicit liquor. Bachan Singh and Ban-wari accompanied by the informer proceeded in that direction. Banwari was made to sit at some distance from the accused-appellants tube-well as he was to pass on the information to the police on receiving the signal from Bachan Singh. When Bachan Singh and Gurnam Singh reached near Muni Lal accused-appellants tube-well, the lights were suddenly switched on. The two accused-appellants armed with spear and gandasa opened the attack and caused multiple injuries to Bachan Singh. He was dragged to the hut situate close-by there his hands were tied and was further beaten, from the lathi parts of the spear and gandasa. Thereafter Muni Lal fired twice from the gun and shouted that he would kill if anybody Wed to rescue Bachan Singh.

(3.) BANWARI on hearing the alarm raised by Bachan Singh and hearing the report of two gun shots ran to the house of Man Singh P. W. 1 a brother of Bachan Singh and told him all that he had seen. He then went to his house while Man Singh along with Jog Dhian, member Panchayat went to the Police Station, Shaha-bad, and lodged report Exhibit P. W. 1/1. A. S. I. Jiwan Das P. W. 10 accompanied by Jog Dhian, Man Singh, Kishan Singh, Banwari and Biru Chowkidar, the last three named joined him from village Kathua, went to the spot. They saw Bachan Singh P. W. lying injured in a hut at the accused-appellants tube-well. The two accused-appellants were also standing at a distance of three karams from the injured. Mohan Lal, accused-appellant as well bore marks of injuries. A. S. I. Jiwan Das prepared injury statements of Bachan Singh P. W. and Mohan Lal accused-appellant P. W. 10/1 and P. W. 10/2. He also picked up bloodstained earth from the spot. Both the injured persons were sent to the hospital. Muni Lal was interrogated as a result of which he made the disclosure statement, Exhibit P. W. 7/2 and this led to the recovery of a bloodstained spear P. W. 5 from a closeby chilli field. It was taken into possession vide memo. P. W. 7/3. He also interrogated Mohan Lal accused on 12th January, 1967, after his return from the hospital at about 12 noon who made disclosure statement P. W. 7/4 and then produced bloodstained gandasa P. W. which was taken into possession and formed into a sealed parcel.