ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal appeal arises out of a judgment dated 30.9.1997 passed by the learned Additional Sessions Judge. Sirsa, in Sessions Case No. 106 of 1995 recording conviction of the accused under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life with a fine of in default of payment of fine, to undergo further rigorous imprisonment for six months.

(2.) IT appears from the FIR (Ex.PG, Ex.PG/1) recorded on 20.7.1995 at about 1.45 PM at Police Station Nathusari Chopta, Sirsa, lodged by Ram Singh (PW4), younger son of the deceased Mani Ram, that Mani Ram (deceased) had three sons namely Parhlad Singh, the eldest among three and a tailor by profession; Ram Sarup, employed in police department, Haryana, and the complainant. On the intervening night of 16/17.7.1995, at about 12.00 PM, the complainant with his deceased father and son Bansi had gone to the field to irrigate. At that place, Ishwar Singh, Krishan Kumar sons of accused Girdhari Lal and Girdhari Lal himself were present in the field. Girdhari Lal and deceased Mani Ram happened to be the real brothers. The accused prevented the complainant side to use their turn of water and rather they started irrigating their own field at that time. Not only that, they also threatened them with dire consequences, asking them to leave the spot or they would be killed. On the next day, a Panchayat was held and the matter was resolved. However, the accused side namely accused -appellant Ishwar Singh, Krishan Kumar and their father Girdhari Lal were nursing grudge. On the date of incident, at about 1.00 PM, when Mani Ram deceased was standing in the courtyard of his house, accused Ishwar Singh armed with single barrel gun, Krishan Kumar armed with a brick and Girdhari Lal armed with a gandasi climbed on the roof of the complainant's house from the backside, since their house was situated in the rear side of the house of the complainant. Accused Girdhari Lal exhorted accused -appellant Ishwar Singh saying that the deceased was standing at a right place and he be shot. Ishwar Singh fired a shot from his single barrel gun towards the deceased which hit in his chest towards right side, as a result of which the deceased fell down on the cot which was lying on the spot and succumbed to the said injuries there itself. The complainant Ram Singh and his son Bansi were present there. On seeing them, the accused appellant Ishwar Singh etc. fled away after getting down from the roof. Leaving his son Bansi near the dead body, the complainant along with Hari Singh Lamberdar of the village, went to the police station for lodging a report.

(3.) AFTER investigation, police filed a challan under Section 302/34 IPC and Section 27 of Arms Act and accordingly charges were drawn against accused Krishan Kumar and accused -appellant Ishwar Singh. However, their father namely co -accused Girdhari Lal accused died during the pendency of the trial.