SARDAR SINGH @ SARDARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal by Sardara Singh is directed against the judgment dated 11.11.1996 of the learned Additional Sessions Judge (I) Kurukshetra whereby the learned Judge has convicted the appellant under Section 302. Indian Penal Code and has sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) BRIEFLY stated, the prosecution case is that Mam Raj. deceased of this case, had taken one acre of agricultural land belonging to Sawan Ram, PW 7, on lease. This land is adjacent to his family lands measuring about 5 acres. Sardara, appellant, had also taken another acre of land on lease from Sawan Ram, above-mentioned, Sawan Ram is a big landowner. Other small landowners of the village also used to take land from him on lease. A tubewell had been installed in that piece of land and the lessees used to irrigate the lands taken on lease from that tubewells There was no fixed turn of the water and as such there used to arise disputes between various persons over the turn of the water. On this score dispute had taken place between Mam Raj and Sardara appellant on more than one occasion

(3.) RAM Pal, PW 11. a son of Mam Raj was employed as a Munim with Sat Parkash, Commission Agents at Babain He used to go daily from village Mangoli Jattan to Babain and come back in the evening at about 5/6-00 P.M. On 15.3.1981 when Ram Pal came back from Babain in the evening at the usual time, be learnt that his father had not come back from the fields. He went to the house of his uncle Roop Ram, PW 2 who was busy in cutting fodder on his chaff cutter and informed him that Mam Raj has not returned from the fields. Roop Ram put Ram Pal on the job of cutting fodder and himself went to Sardara appellant to enquire about the whereabouts of Mam Raj. Sardara was present in his baithak which is near the house of Roop Ram and was puffing a huqa. On enquiry by Roop Ram. Sardara informed him that he had seen the Khesi of Mam Raj in the fields lying near the eucalyptus trees. Roop Ram came back to his house and informed Ram Pal. Thereafter, Roop Ram, Lachhman, Ram Singh and Ram Pal went to the fields and found the dead body of Mam Raj lying in the field of Mangat Ram. They brought the dead body on a cot to their house. Ram Singh disclosed that be had seen the deceased and Sardara appellant and his servant working in their adjoining fields at about 10/11 A.M. and that Sardara and Mam Raj had quarreled over the turn of water.