AMARJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AMARJIT Singh and four others, appellants herein, through present appeal filed by them, have questioned the legality and propriety of the order of conviction and sentence recorded by the learned Addl. Sessions Judge, Ambala, dated September 7, 1995, vide which appellant Amarjit Singh was held guilty under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - remaining appellants, namely, Bahadur Singh, Resham Singh, Jagmail Singh and Jaspal Singh were held guilty under Section 302 with the aid of Section 149 IPC and were sentenced to undergo imprisonment for life, and to pay a fine of Rs. 5,000/ - each. In default of payment of fine, each defaulter was ordered to further undergo RI. for two years. The appellants were also ordered to undergo RI for one year under Section 148 IPC and for offence under Section 326/149 IPC to undergo RI for five years and to pay a fine of Rs. 2,000/ - each. In default of payment of fine, defaulter was ordered to further undergo RI for one year. For the offence under Section 323/149 IPC, once again all the appellants were ordered to undergo RI for six months and under Section 324/149 IPC to undergo RI for one year. All the substantive sentences were, however, ordered to run concurrently.

(2.) THE incident leading to death of Sanjay Kumar aged about 24/25 years, was reported by Ajay Kumar, who himself got injured in the incident when he made a statement before Joginder Singh, SI/SHO at 8.30 PM in Civil Hospital, Ambala Cantt on March 1, 1991. The formal FIR on the basis of statement made by Ajay Kumar came to be recorded at 9.30 PM on the same day. The special report reached the Chief Judicial Magistrate at Ambala at 1 AM next morning i.e. March 2, 1991, at his residence through Mehar Chand Constable, whose affidavit Ex.PFF was tendered into evidence. Ajay Kumar stated that he was posted as Assistant Opthalmic in Primary Health Centre in village Punga, District Hoshiarpur and had come during Holi holidays. On that day, at about 5.30 PM he along with his grand father Ch. Hari Singh and his brother Prem Pal was sitting in his Baithak and they were talking. His uncle (father's younger brother) Thath Singh, came there running and told that Jaspal Singh, Bahadur Singh sons of Jai Singh, Amar Singh son of Bahadur Singh, Jagmail Singh son of Sher Singh, Resham @ Leela son of Jai Singh, were chasing to kill him and were saying that since he had consumed their liquor, he should provide them liquor and that he had saved his life by running from there. In the meantime, Bahadur Singh, Jaspal Singh, Resham Singh, Amarjeet Singh and Jagmail Singh armed with Gandasi and Dandas came in the street outside their Baithak. He along with his grand -father Hari Singh and younger brother Prem came out in the street to save his uncle Thath Singh when Jagmail Singh gave a Gandasi blow from its reverse side to his uncle Thath Singh which landed on his head while Resham Singh gave a Danda blow to his younger brother Prem. In the meantime, his younger brother Sanjay came running out of the house on hearing their noise. Immediately, on his arrival, Amarjeet gave him a knife blow on the left side of his chest. On sustaining the knife blow, Sanjay fell down on the ground. As he was in the process of lifting his brother Sanjay, Jaspal Singh gave a gandasi blow on his head and Jagmail Singh gave a Gandasi blow from its reverse side to him which hit him on his right leg and right arm. In the meantime on hearing their noise, their neighbour Sri Pal son of Rattan Singh also came there to intervene. Amarjeet gave a knife blow to Sri Pal also which landed on his left flank. Bahadur Singh gave a Gandasi blow to his uncle Thath Singh that hit on his left index finger. On hearing the noise of fight, Surinder Kumar son of Faqir Chand, Devinder Kumar son of Hem Singh and Mahipal son of Puran Singh, of their street, came there and while witnessing the whole occurrence, rescued them from Amarjeet Singh and others. All of them, in an injured condition, took their brother Sanjay to Civil Hospital, Ambala Cantt. for treatment where the doctor, on seeing his brother Sanjay, declared him dead and referred Sri Pal to the PGI for proper treatment. He further stated that Bahadur Singh, Jaspal Singh, Resham Singh, Amarjeet Singh and Jagmail Singh, having connived with one another, had caused injuries to them thereby resulting in the death of his brother Sanjay. His brother Prem and he, in their self defence had thrown brick -bats at the assailants.

(3.) THE prosecution endeavoured to bring home the offence against all the appellants by examining PW1 Dr. Vipin Singla, who stated that on March 15, 1991 he had x -rayed Thath Singh which revealed displacement at the distal IP joint in respect of left hand. PW2 Dr. K. Goel, Medical Officer, Civil Hospital, Ambala Cantt. medico -legally examined Sri Pal on March 1, 1991 at 6.45 PM and found following three injuries on his person : "1. 1.0" x 1 cm stab wound in the left lumber area. Margins were sharp. Fresh bleeding was present. Exact depth could not be ascertained. Abdomen was soft. 2. 1.5" x 1 cm abrasion over left forehead was there. 3. A one cm abrasion was there over bridge of nose at its base." Injury No.1 was kept under observation whereas injuries 2 and 3 were declared simple. Injury No. 1 was opined to have been caused by sharp weapon, injury Nos. 2 and 3 by blunt weapon. The witness further stated the he had referred Sri Pal patient to PGI.