DASHINDER SINGH AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants challenge their conviction under Sections 302/34 IPC for which they have been sentenced to life imprisonment and to pay fine of Rs. 1,000/ - each, in default, to undergo further RI for six months.

(2.) CASE of the prosecution is that Raj Kumar deceased and his brother of Mangat Ram (PW -5) were going to Lakhi Karyana Store for purchasing some articles at 8.00 P.M. on 19.9.1994. When they reached near the house of Charan Dass, Uttam Singh accused father of the appellants (since acquitted) and the appellants emerged from their street. They stated that they had asked Raj Kumar not to come to their street and they will eliminate him. Uttam Singh took Raj Kumar in his grip. Dashinder Singh, appellant No. 1, took out a knife from his pocket and he gave a blow on the lower portion of his chest. Surinder Singh accused was also holding a knife and he gave a blow on the left side of his back. They also gave some more blows with their knives on the left arm of Raj Kumar. Mangat Ram tried to intervene but he was caught hold by Uttam Singh. PW -4 Anil Kumar who was standing nearby also witnessed the occurrence. Mangat Ram raised alarm which attracted many people. The accused ran away with their weapons. Raj Kumar was taken to the hospital by Mangat Ram and his cousin Surinder. ASI Sham Lal (PW -9) reached the hospital on receiving information and recorded statement of Mangat Ram, Ex.PB, which led to registration of the FIR under Sections 307/34 IPC.

(3.) DURING interrogation, Uttam Singh was declared innocent and though he was sought to be discharged, but he was also charged under Section 302/34 IPC. The prosecution examined nine witnesses. Main witnesses of the prosecution are PW -4 Anil Kumar and PW -5 Mangat Ram, who are the eyewitnesses. PW -7 Dr. K.S. Rana conducted the post -mortem examination and according to him cause of death was septicemia due to intra abdominal and chest injuries which were ante mortem and sufficient to cause death in the ordinary course of nature. Relevant part of the statement of Dr. K.S. Rana is as under: