JAGDISH AND ANR. Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THE appellants are aggrieved by their conviction under Sections 302/34 IPC, for which they have been sentenced to undergo life imprisonment and to pay fine of Rs. 1 lac each, in default, to undergo further simple imprisonment for a period of one year.

(2.) CASE of the prosecution is that for the murder of Dilbagh Singh, brother of the appellants, Vinod deceased, Krishan deceased, Ram Niwas, Ganga Sarup and Satish were convicted and sentenced to undergo life imprisonment. Vinod and Krishan were availing parole for 42 days at the time of incident dated 9.7.2004 at 5 PM. Vinod, Krishan and their brother Sonu had gone to the tube well of their uncle Ram Niwas. Ram Niwas was on bail. Ram Niwas and Mahabir, father of Vinod were sitting near the tube well. Vinod, Krishan and Sonu went towards the fields to answer the call of nature. Appellants Jagdish and Anand Sarup alongwith co -accused Magha Ram and Jai Parkash (who were declared proclaimed offenders) came on their tractor with their weapons. Magha Ram and Anand Sarup were armed with 'gandasis', while Jagdish and Jai Parkash were armed with axes. They shouted that Vinod and Krishan should not be allowed to escape and revenge for murder of Dilbagh be taken. Magha Ram gave blows on the hands of Vinod. Anand Sarup gave blows of 'gandasi' in the stomach of Vinod. Jagdish and Jai Parkash gave blows on the feet of Vinod. Magha Ram gave two blows of 'gandasi' on the left hand of Krishan. Anand Sarup gave 'gandasi' blows on the left knee and Jai Parkash gave blows of axe on right feet of Krishan. On hearing the alarm, Ram Niwas, uncle and Mahabir, father of Vinod came to the site. Krishan died on the spot. Sonu escaped from the site. On receiving a telephone message that Vinod and Krishan have been assaulted by Magha Ram and his brothers, Rajender Singh SHO, Police Station, Mohana, PW9 went to the place of occurrence and recorded the statement of Vinod at 9 PM. He arranged to send Vinod, injured to the hospital at Sonepat and proceeded to make investigation. He prepared rough site plan and inquest report of deceased Krishan. He lifted blood stained earth and sent dead body of Krishan for post mortem. Later, he also prepared inquest report of deceased Vinod and also recovered clothes of the deceased. He arrested Anand Sarup and Jagdish and in pursuance of their disclosure statements, he recovered weapon of offence. He also recovered tractor and after investigation sent up the accused for trial.

(3.) AN incised wound in front of right upper arm 15 cm x 10 cm only tag of skin intact on both side. Underlying bones muscles, tendons and vessels cut. Clotted blood was present.