BAGGAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant Baggar Singh (hereinafter referred to as the accused) stands convicted and sentenced for an offence under Ss. 302, 392 read with S. 397 of the Indian Penal Code, by the Addl. Sessions Judge, Sirsa, vide order dated 8-7-1994 and ordered to undergo imprisonment for life and to pay a fine of Rs. 2000/- under S. 302, IPC, in default of payment of fine to further undergo rigorousimprisonment for two years. For the other offence he is ordered to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 1000/-; in default of which further ordered to undergo rigorous imprisonment for one year. However, both the sentences were ordered to run concurrently against the accused.

(2.) The brief facts of the case giving rise to this appeal are that on the statement of the complainant (P.W. 6) Krishan Kumar, who is resident of village Mandi Dabwali the First Information Report No. 319 dated 29-11-1991 was lodged at Police Station Sadar, Dabwali, with the allegation that he had purchased a tractor bearing registration No. PUT-9916 with trolley from one Teja Singh son of Jangir Singh resident of village Pathrala, Punjab, about 8/9 years prior to the date of occurrence. The said Teja Singh was holding back the registration and other papers with him for he had purchased, the tractor in question on loan and certain instalments with regard to the cost of the tractor were not yet cleared by him.

(3.) On 27-11-1991 his driver namely Jagga Singh went on leave for 2/3 days under the pretext that his wife was in a family way. On 28-11-1991 at about 4 p.m. the complainant and his uncle Jagdish Rai (now the deceased) were present on the shop when a young sikh having small beard with wheatish complexion about 30/40 years old speaking Punjabi came at his shop. He told the complainant that he was resident of village Dhaban (Rajasthan) wanted to sell his Narma (cotton) at Mandi Dabwali and desired to hire his tractor. The complainant declined to provide him his tractor for the reason that his driver was on leave. However, the accused told him that he himself was a tractor-driver and had to bring cotton from his village to Dabwali as he did not want to sell his Narma crop at Sangharia where he was in debts with a commission agent. The complainant declined to provide him his tractor but his uncle Jagdish Rai (deceased) agreed to do so. He along with his uncle went with the accused on the tractor sitting on the mudguard. At a distance of about 2 kms. from village Dhaban on the kacha way, the accused told them that Rajasthan Border was only 5/6 kms away from there and he had to bring his men who were busy in irrigating the fields. He wanted one of them to accompany him and his uncle agreed to do so. The accused had taken the handle with him for starting the tractor. Yet only two killas of land was covered by the accused, he heard some noise "Maar Diya-Maar Diya" Bachao-Bachao, from his uncle Jagdish Rai. He immediately rushed to the spot and noticed that accused inflicted 2/3 handle blows on the head of Jagdish Rai, who had fallen on the ground on account of the injuries sustained by him from the accused. The complainant ran away out of fear because he was threatened by that man to be killed if raised a voice or narrated the incident to anybody. Thereafter, that man (the accused) escaped with the tractor and the trolley. When he found that Jagdish Rai was dead, he went to village Dhaban and met Balwinder Singh Sarpanch to whom the incident was narrated. The said Sarpanch despatched two persons namely Jasbir Singh and Satbir Singh with him and assured him that he would inform the police. Thereafter, he went back to the place of occurrence along with Jasbir Singh and Satbir Singh and remained there for the whole night near the dead body of the deceased. Since till morning neither the police visited the spot nor the Sarpanch reached there, therefore, he went to village Loligarh on foot and waited for the bus. As the bus service was not available due to strike of bus drivers, therefore, he went to village Saktikhera and on the 'T' point police party met him and he made his statement, Ex. PJ with the police, recorded as FIR in the matter. Thereafter, the police swung into action and on completion of the investigation, the accused was challaned before the competent Court of law who after trial convicted and sentenced him as said above.