SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sunder appellant along with 37 co-accused was tried by Additional Sessions Judge, Kurukshetra, for the murder of Fakir Chand vide his judgment dated August 11, 1986. He was convicted whereas his co-accused were acquitted.

(2.) Fakir Chand deceased was a contractor with the Food Corporation of India. He had a dispute with the labourers and relations between the labourers and Fakir Chand were strained. On April 11, 1985, at about 11 a.m. Fakir Chand came on a motor cycle to a place near the crossing which is in per-section of various roads going in various directions where Sarwan Lal P.W. 5 was on duty as a traffic constable. Nichattar Singh P.W. 6 and Rajinder Singh P.W. 10 constables were taking tea on a nearby stall known as Bengali Tea Stall alongwith one Churia Ram at that time. Fakir Chand stopped his motor cycle and starting chatting with Sarwan Lal. Fakir Chand informed him that his dispute with the Bihari labourers may be settled that day. The deceased after parking the motor cycle, went to urniate nearby and as he had opened the string of his pyjamas he was attacked by three persons - Arun Gin, Pritam Singh and another person whose description was of a clean shaven person, aged 24/25 years wearing a white shirt and a chaddar. All the three persons had knives and all the three gave knife blows to Fakir Chand, Sarwan Lal P.W. raised an alarm, which attracted Nichhattar Singh, Rajinder, Samar Singh, Churia Ram and Dalipa P.Ws. The three assailants were over powered by these persons. In the meantime, Avtar Singh accompanied by about 30 Bihari labourer came at the site and proclaimed that Arun Gin and Pritam had done a heroic job and they should be rescued. These labourers rescued these three persons and they escaped towards railway station. Sarwan Lal informed the police and got the F.I.R. registered in Police Station City, Thanesar. Avtar Singh Inspector P.W. 19, after recording the F.I.R., reached the spot, lifted the blood stained earth from the site and also took into possession the motorcycle. He recorded the statements of the P.Ws. under section 161, Criminal Procedure Code. The inquest report was prepared by S.I. Joginder Singh and the dead body was sent for postmortem examination which was conducted by Dr. V.K. Gupta, Dr. N.K. Dodda and Dr. S.D. Arora. Sarwan Lal, Dalip Kumar and Rajinder Singh were also medico-legally examined as they had received injuries in the incident. A.S.I. Harpal Singh arrested Sunder appellant during the intervening night of April 16/17, 1985. One 38 bore revolver was recovered from his person on search which is Exhibit P. 29. This revolver is a licenced revolver of the deceased.

(3.) After investigation, the accused were challaned and the learned trial Court, after considering the evidence, held that there are three sets of accused. Firstly, the persons who had attacked the deceased with knives. They are Arun Gin, Pritam Singh and Sunder. Out of these, Arun Gin and Pritam Singh were absconding and only Sunder had faced trial. According to trial Court, the second set consisted of the accused who proclaimed that a heroic job had been done and were heading the group of 30 labourers. They are Avtan Singh and Aslam and the third set of accused who had got Anun Gin, Pritam Singh and Sunder rescued. The trial Court acquitted Aslam as he was not identified. It was held by trial Court that A tan Singh has not committed any offence. Therefore, he was also acquitted. Regarding the third set of labourers, it was held that their identity has not been pin pointed. So they were also acquitted.