KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of three cases bearing CRA-D No. 341-DB of 2003, CRA-D No. 348-DB of 2003 and CRR No. 1271 of 2003.

(2.) The present appeals and criminal revision are instituted against judgment dated 18.3.2003 and order dated 20.3.2003, rendered by Additional Sessions Judge, Kaithal, in Sessions Case No. 83 of 2001, vide which accused Gulab Singh, Jai Parkash, Kuldeep, Rajesh Kumar, Bhoop Singh, Amarjeet Singh, Naresh Kumar and Randhir Singh were charged with and tried for the offence punishable under Sections 302, 323, 324, 506, 148, 149 IPC. All the accused were convicted and sentenced under Section 302 IPC to undergo life imprisonment and to pay fine of Rs. 10,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for six months. They were also convicted and sentenced under Section 324 IPC to undergo rigorous imprisonment for a period of six months. They were also convicted and sentenced under Section 323 IPC to undergo rigorous imprisonment for a period of six months. They were also convicted and sentenced under Section 148 IPC to undergo rigorous imprisonment for a period of six months. They were also convicted and sentenced under Section 506 IPC to undergo rigorous imprisonment for a period of one year. All the sentences were ordered to run concurrently.

(3.) The case of the prosecution in a nutshell is that PW4 Krishan Lal made a statement, Ex.PK, on 30.7.2001 at about 1.00 P.M. in the Civil Hospital, Kaithal, to PW11 Assistant Sub-Inspector Mohinder Singh. According to the complaint, Krishan Lal was student of B.A.III of R.K.S.D. College, Kaithal. On 30.7.2001 at about 11.00 A.M., he along with Dayanand (deceased), Ved Pal, Surinder, Naresh, who were also students of R. K. S. D. College, Kaithal, came out of tea shop. It was in front of college. In the meantime, one Sumo vehicle stopped in a street. Kuldeep was carrying sword like weapon, Naresh carrying gupti, Dheera carrying lathi, J.P. carrying gupti, Bhoop Singh carrying iron rod, Rajesh carrying sword, Amarjit Singh carrying weapon like katta (country made pistol) and Gulab alighted from Tata Sumo and came towards them. They gave a lalkara that two years prior, they (complainant party) had caused injuries to their man (accused man) and on 28.7.2001 Dayanand gave a shoulder push to their man and now they had come to take the revenge. Kuldeep gave a sword like weapon blow to the waist of Dayanad towards the left side of his waist. Jai Parkash gave a gupti blow on the left side of his stomach. Accused Dheera gave a lathi blow to him. It hit his right hand fingers. He became unconscious. Thereafter, all the accused caused injuries to others. Alarm was raised. Many people gathered at the spot. Accused ran away from the spot with their respective weapons, however, while leaving they again gave a lalkara that today (on that day), the complainant party was saved and in future they would kill them. Injured were brought to the hospital. Dayanand succumbed to the injuries. The injured were medically examined. On the basis of Ex.PK, FIR Ex.PK/1 was recorded. The dead-body was sent for post-mortem examination. The disclosure statements were made by the accused on the basis of which weapons of offence were recovered. Investigation was completed and challan was put up after completion of all the codal formalities.