DEVI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of above-mentioned two appeals i.e. Devi Singh Vs. State of Haryana (Crl. Appeal No.414-DB of 1998) and Rajender Vs. State of Haryana (Crl. Appeal No.158-DB of 1999) as they arise out of the same judgment and order dated 26.8.1998,passed by the learned Sessions Judge, Rohtak. Devi Singh (Appellant in Criminal Appeal No.414-DB of 1998) Naresh (since acquitted) sons of Jai Narain and Rajender (Appellant in Criminal Appeal No.158-DB of 1999) and Bijender (since acquitted) sons of Munshi Ram, were tried for an offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short, I.P.C.) for the murder of Chhotan son of Chet Ram. Vide order dated 26/8/1998 passed by the learned Sessions Judge, Rohtak; Bijender son of Munshi Ram and Naresh son of Jai Narain were acquitted while Devi Singh (appellant) son of Jai Narain and Rajender (appellant) son of Munshi Ram were convicted having been found guilty of the offence punishable under Sec. 302 read with Sec. 34 I.P.C. They were ordered to undergo imprisonment for life besides to pay a fine of Rs. 500.00and in default of payment of fine, to undergo further R.I for one year for the said offence. The period spent by them in judicial or police custody was ordered to be set off from the period of sentence awarded. Two separate appeals i.e. Crl. Appeal No.414- DB of 1998 and Crl. Appeal No. 158 DB of 1999 have been filed by appellants Devi Singh and Rajender, respectively.

(2.) Succinctly, the prosecution version as narrated by Ram Phal -complainant PW10 is that on 4.3.1996 at about 8 A.M, he and his wife Muni Devi (PW 11) had gone to their Gher (enclosure) to tether their cattle. In the mean time, his father Chhotan (deceased) returned after answering the call of nature and when he reached in front of the house of Ram Gopal, then Rajender (appellant) son of Munshi Ram and Devi Singh (appellant) son of Jai Narain armed with knives were present there alongwith Bijender (since acquitted) son of Munshi Ram and Naresh (since acquitted) son of Jai Narain who were empty handed. When his father passed in front of them, Rajender and Devi Singh (appellants) said that they would teach him a lesson for accusing them of theft and getting them proceeded against in proceedings under Sections 107/151 of the Code of Criminal Procedure ( for short, Cr.P.C.), but his father replied that the proceedings would be decided in the Court. On saying this by his father, Rajender gave two knife blows on the right side of his chest. Devi Singh also gave a knife blow on the left side near the lungs. He gave another blow thrust-wise on the abdomen of his father. Rajender gave another blow of knife on the left side of his chest and Devi Singh gave blow of knife on the right thigh, as a result of which his father fell down. Bijender and Naresh accused gave fist and slap blows to him while he was lying on the ground. He (complainant Ram Phal PW 10) and his wife (Muni Devi PW 11) intervened and asked them that they should stop beating but the assailants rushed toward them, as a result of which they ( i.e.Complainant and his wife) ran away out of fear and then the assailants also escaped with their respective weapons.

(3.) Initially,on the basis of the aforesaid statement, case under Sec. 307 read with Sec. 34 Penal Code was registered, but when Chhotan died, because of the injuries, at PGI,MS, Rohtak then the case was converted to one under Sec. 302 of Penal Code. After completion of necessary investigation, the accused were challaned. Devi Singh and Rajander were charged for having committed the offence under Sec. 302 Penal Code and all the four accused were charged for the offence under Sec. 302 read with Sec. 34 IPC., to which they pleaded not guilty and claimed trial.