BEER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant Beer Singh challenges his conviction and sentence for the murder of Ombir in the night intervening 25/26.5.1994.

(2.) Case of the prosecution is that deceased Ombir was sleeping in the courtyard of his house in the night intervening 25/26.5.1994. Khem Singh PW2, brother of the deceased was living in the adjoining house. At 2.30/2.45 AM, Khem Singh heard the alarm raised by Bimla PW3, wife of Ombir, on which Khem Singh rushed to the spot. He found that the appellant was having a knife Ex.P1 in his hand and causing injuries to the deceased. His brothers Kiran Pal and Ram were holding the deceased. On seeing Khem Singh, the accused ran away. The injured was taken to General Hospital, Palwal where he was declared dead. On receiving information from the hospital, ASI Om Parkash PW 10 reached the Hospital and recorded the statement of Khem Singh, which was completed at 4.20 AM which led to registration of FIR. According to Khem Singh, there was previous exchange of abuses between the deceased and the appellant on account of which the appellant had a grudge and he caused the death of the deceased. PW10 ASI Om Parkash prepared inquest report and got the dead body post mortemed. He went to the place of occurrence, prepared rough site plan and took other steps for investigation. Investigation was later taken over by Sukhraj Singh PW7. He arrested the appellant and on his disclosure statement, recovered knife Ex.P1. After completing the investigation, the accused were sent up for trial.

(3.) The prosecution examined PW1 Dr. Banwari Lal, PW2 Khem Singh, PW3 Bimla, PW4 Naveen Kumar, PW5 HC Ram Kumar, PW6 HC Balbir Singh, PW7 Inspector Sukhraj Singh, PW8 Constable Ramphool, PW9 HC Krishan Lal, PW10 ASI Om Parkash and PW11 Anoj Kumar.