HARBANS SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The aforementioned eight appellants were brought to trial before the Court of sessions at Kurukshetra under sections 148, 302, 325, 323 read with section 149, Indian Penal Code, for committing the murder of Lal Singh deceased and for causing injuries to Jaswant Singh and Rajwant Singh P.Ws. The learned Additional Sessions Judge, Kurukshetra, found them guilty of the said offences and sentenced them to various terms of imprisonment, Joga Singh appellant was also convicted under section 404, Indian penal Code and sentenced to six monthsT rigorous imprisonment, The sentences awarded to them were, however, ordered to run concurrently. They have challenged their convictions and sentences by filing Criminal Appeal No. 275.DB 1986. Joga Singh and Harbans Singh appellants were separately tried for an offence under section 25 of the Arms Act on which charge also they have been convicted and sentenced to three monthsT rigorous imprisonment. The sentences so awarded to them were also directed to run concurrently with the main sentence of murder. These appellants have preferred Criminal Appeals Nos. 276-DB of 1986 and 277-DB of 1986 against their conviction and sentence and this judgment will govern all the three appeals.

(2.) All the accused are related inter se. Jaswant Singh and Rajwant Singh PW5 are real brothers. The deceased Lal Singh was not related either to the accused or to the eyewitnesses except that the latter allegedly had given their land measuring 5 acres on lease to Lal Singh deceased. It is the tube well of that land which is said to be the place of occurrence and where the deceased Lal Singh had gone for the purpose of taking his turn of water for irrigating his land. The remaining five Killas of land was in the joint cultivation of the said two eye-witnesses. The land of the accused abuts the land of the said two eye-witnesses in the area of village Habri.

(3.) The prosecution case is that on 19.9.84 at about 8 P.M. Jaswant Singh took meals for his brother Rajwant Singh from his house and went to the tubewell. Rajwant Singh told Jaswant Singh that on the same day in the evening Mehar Singh and Darshan Singh accused came to him and protested before him that they had not done good thing by leasing their land to Lal Singh and they had brought their ememy near them. On the same day at about 11 P.M. Lal Singh deceased went to the tubewell for watering his paddy crop. After starting the tubewell, Lal Singh came back and sat with the witnesses on a cot. The electric bulb which was fitted on the koths, wall emanating light at that time. It is alleged that all the accused variously armed with weapons like gandasa, kirpans, spears and lathis came there and proclaimed that they would teach Lal Singh a lesson for taking the land of Jaswant Singh and Rajwant Singh on lease. In the meanwhile all the three ran towards a path towards the west of their tubewell. The accused chased Lal Singh and caused him injuries with their respective weapons. When Lal Singh fell down, Jaswant Singh and Rajwant Singh PW5 caused some injuries to the accused to save Lal Singh. It is alleged that Mehar Singh accused gave a gandasa blow on the forehead of Jaswant Singh PW followed by Darshan Singh and Bagga Singh who gave lathi blows on his right arm and shoulder. Darshan Singh accused gave a lathi blow to Rajwant Singh PW on his left arm. On receipt of injuries both the PW5 ran away from the spot. After composing himself, Jaswant Singh went to the house of Lal Singh Lambarder of his village and took him along to the Civil Dispensary at Habri reaching there at about 2.30 a.m. Dr. RD. Gupta PW. 1 medically examined him on 20.9.1984 at about 2.50 a.m. and found five injuries on his person and out of them injury No.2 was found to be grievous in nature. On the same date the Doctor medically examined Rajwant Singh at 8.35 a.m. and found one simple injury on hisperson as detailed in the medico. legal report Ex. PD.