BRAHMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal arises out of the following facts as given by Fateh Singh PW 10 in his statement Exhibit PT.

(2.) THE complainant Fateh Singh was the brother of Duli Chand Sarpanch of the Gram Panchayat of Village Purkhas, district Sonepat. The Panchayat was the owner of about 30 acres of land and Duli Chand as Sarpanch had obtained possession of that land in the month of March, 1985 from the persons (including some of the accused) who were in illegal occupation of the same. About one week prior to the present incident, the Block Development Officer had come to the village and the land had been leased out by way of auction to Dalip Singh and others. Brahma accused son of Suraj Mal and Dharam Pal since acquitted who had been previously in possession of this land had accordingly made a grievance against Duli Chand Sarpanch and on account of this dispute the police had also been moved against Suraj Mal etc.

(3.) ON 27th May, 1985, at about 6/6.30 a.m. Daryao Singh son of Duli Chand the nephew of Fateh Singh PW 10 was going to the bus adda of Village Purkha in his tempo for taking passengers to Sonepat when Ishwar Singh, Brahma, Mukhtiar Singh and Rup Ram, all sons of Suraj Mal, Dharam Pal and Nafe Singh sons of Chetan and Zile Singh were also present at the bus adda and, whereas Brahma, Dharam Pal and Nafe Singh were carrying gandasas; Ishwar Singh son of Suraj Mal a Head Constable with the Delhi Police was carrying his licenced double barrel gun, while Zile Singh, Mukhtiar Singh and Rup Ram were armed with lathis. The accused aforesaid attacked Daryao Singh with their respective weapons and started causing injuries to him. The information of the ongoing assault was conveyed to Duli Chand and other prosecution witnesses by two small boys and on receiving this information Duli Chand PW 13, Baljit Singh PW 14 and Dharam Pal PW15 ran towards the bus adda in order to rescue Daryao Singh. On reaching the spot they found that Gugan PW 12 and another Fateh Singh PW11 and a Member Panchayat were already trying to rescue Daryao Singh. The accused, however, continued to beat Daryao Singh with their respective weapons and on seeking the prosecution witnesses Ishwar Singh Head Constable fired two gun shots towards their side hitting Baljit Singh PW14 on his right foot and Duli Chand PW13 on his forehead. Brahma, Dharam Pal and Nafe Singh accused then caused injuries to Baljit Singh PW 14 and Dharam Pal PW 15 with gandasas whereas the other accused caused injuries with their lathis to Duli Chand PW 13, Baijit Singh PW14 and Dharam Pal PW 15. Fateh Singh PW 10 also suffered injuries on his right hand at the hands of Mukhtiara and Rup Ram accused. The accused then ran away from the place, of incident in a car driven by their relative Ishwar Singh Advocate who was waiting closeby. The injured i.e. Daryao Singh, Duli Chand PW13, Baljit Singh PW14 and Dharam Pal PW 15 were removed in a tempo to the Civil Hospital Sonepat and were thereafter referred to the Medical College Hospital Rohtak, whereas Fateh Singh PW 10 who continued to remain in the Civil Hospital at Sonepat recorded his statement at 9.30 a.m. before ASI Khusi Ram, PW18 at the gate of the Civil Hospital Sonepat, which formed the basis of the first information report registered at 10.30 a.m. at Police Station Gannaur, the same day; the special report being delivered to the Ilaqa Magistrate on 28th May, 1985 at 7.30 a.m. After the registration of the formal first information report ASI Khusi Ram then went to the place of the incident and made the necessary investigation relevant to the case and after the death of Daryao Singh on 30.5.1985 and the conversion of the case to one under section 302 etc. of the Indian Penal Code recorded the inquest proceedings in the premises of the Medical College Hospital Rohtak. The accused were duly arrested and the weapons of offence were also recovered at their instance.