GULAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Gulab Singh and his two brothers, Mohan Lal and Sohan Singh and their distant relation, Som Nath, have been held guilty for intentionally causing death of Sukh Ram. Whereas, Sohan Singh appellant has been held guilty under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life; other appellants have been held guilty under Section 302 read with Section 34 IPC and also sentenced to undergo imprisonment for life vide order of conviction and sentence recorded by the learned AddI. Sessions Judge, Ambala, dated February 3, 1995. It is against this order of conviction and sentence that the present appeal has been filed.

(2.) Appellants are said to have killed Sukh Ram on March 18, 1990 at 8 or 9 P.M. at village Kaunkpur in the fields of Avtar Singh. The FIR with regard to incidents came to be recorded by Joginder Singh. SI, P.W. 8 on the statement made by Amar Nath, P.W. 6, real brother of the deceased. It was recorded at 1.10 A.M. (night) on March. 19, 1990 at Police Station Sadar Ambala, stated to be 18. Kms. from village Kaunkpur. No proper evidence with regard to deliver of special report to the Magistrate concerned has been led, even though it is clear from the endorsement made by the AddI. Chief Judicial Magistrate, on the FIR itself, that the same was received by him on March, 19. 1990 at 5 A.M.

(3.) Learned counsel for the appellants in the present appeal has challenged the order of conviction and sentence to a limited extent. His two fold contention is that appellant Sohan Singh, who is stated to have caused the fatal blow to Sukh Ram, cannot be pinned down under Section 302 IPC and he can be held guilty at the most under Section 304 Part I of the Indian Penal Code and that in any case Section 34 IPC is not attracted to the facts of this case. We shall thus, notice the facts of this case to the extent they so deserve on the limited challenge to the order of conviction and. sentence.