VAKIL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) VAKIL Chand and eight others, the appellants, have challenged their conviction and sentence recorded by Additional Sessions Judge, Sirsa on March 0, 1987 in this appeal. They were sentenced to rigorous imprisonment for life and to pay a fine of R. 500/- each, in default to undergo rigorous imprisonment for three months under section 302 read with section 149, Indian Penal Code. Each of the nine appellants were further sentenced to rigorous imprisonment for one year under section 148 Indian Penal Code; rigorous imprisonment for two years and to pay a fine of R. 300/-each, in default to undergo rigorous imprisonment for three months under slection 457, Indian Penal Code; rigorous imprisonment for three years and to pay a fine of Rs. 300/- each, in default to undergo rigorous imprisonment for two months under section 436 read with section 149. Indian Penal Code; rigorous imprisonment for two years and to pay a fine of Rs. 200/- each, in default to undergo rigorous imprisonment for one month under section 325 read with section 149, Indian Penal Code and to undergo rigorous imprisonment for one year and six months each under sections 324 and 323 read with section 149, Indian Penal Code. Apart from the nine appellants, five other accused were also tried with them namely Mithu, Gulab, Vijay, Darshan and Lachhman who were acquitted by the Additional Sessions Judge. Yet there were two other persons against whom allegations were made in the first information report namely Sewa and Jagta. However, the police did not challan them.

(2.) THE occurrence took place on the night of July 26/27, 1985 at about 10 P.M. in the house of Chanan Singh deceased. The accused party entered the house and attacked Chanan Singh and others. Out of them, Chanan Singh died on account of the injuries and the other injured were Ram Sarup, Ram Piari and Sohan. The accused also set on fire the house of Chanan Singh. The family members of Chanan Singh were locked in the room. On the side of the accused, some persons had injuries namely Gulab, Mithu, Vijay and Darshan. The report was lodged by Shanti Devi, widow of Chanan Singh deceased, on July 27, 1985 at about 6.30 A.M. at Police Station Rania, which is at a distance of about 16 kms. from village Kuttabadh where the occurrence took place,

(3.) CHANAN Singh, his brother Ram Sarup and his wife Krishna, his mother Smt. Paro were residing in one house in the village. A day before the occurrence, they had returned to their house after working in the fields. On account of heavy rainfall, the water had accumulated in the street which started coming into their house. Chanan Singh went near the house of Satnam Singh at about 8 A.M. for preventing the water to enter his house. A quarrel took place with Satnam Singh and Rangu Ram. In the said quarrel, Teti son of Rupa gave a gandasi blow hitting Chanan Singh on his head. When Shanti Devi, her son Kuldip, Sohan, Paro, Ram Sarup and Krishna were present in the house, noticing that the altercation was turning to a serious point brought Chanan Singh to the house. They bolted the door of their house. At about 10 P.M. Rangu Ram, Mohinder, Gulab, Toti, Roopa Pali, Satnam, Vakil Chand, Bhuru, Sema, armed with gandase and kirpian and Jagtar armed with a licensed Sun, having connived themselves came to the roof of the house of Chanan Singh. They started breaking the door. Their intention was to kill Chanan Singh. On the request made by Shanti Devi, she, her sons, mother-in-law and Krishna were allowed to go out of that room and they hid themselves in another kotha (room). From there, they saw the entire occurrence from the door of that room which was lying open. Electric bulb was burning in the street. In the other room remained Chanan Singh and Ram Sarup. The aforesaid assailants broke open the frame of the door and turned Chanan Singh and Ram Sarup out of the room. In the courtyard, injuries were inflicted. Rupa gave a gandasi blow on the Chanan Singh. Raghu Ram gave a kirpan blow hitting Chanan Singh on the other leg. All the accused started causing injuries with their respective weapons gandase and kirpan to Chanan Singh whereas Jagtar Singh and Sewa Singh kept on standing at the spot with their respective weapons pistol and gun, calling upon others to kill anybody coming in the way and that they would see to it. Chanan Singh died on the spot on account of the injuries. Later on, Gulab gave a gandasi blow hitting Ram Sarup on his leg. Vakil Chand, Bharu and Sema also inflicted injuries on him. Mohinder and Gulab gave gandasi blows from the reverse side to Paro hitting on her eye when she tried to separate them. Sohan Singh also sustained injuries caused with gandase on his head. When Shanti and others saw this occurrence, they continued raising hue and cry. The assailants confined all of them in the room and bolted the door from outside so that they may not report to the police. After breaking the roof of the room the assailants set fire to the kotha after sprinkling kerosene oil. The dead body of Chanan Singh remained on the spot whereas injured were sent to hospital at Rania and Shanti Devi lodged the report at the police station. The motive was also given in the report that 20 or 25 days earlier, her husband Chanan Singh got recovered liquor from Rangu Ram accused from the fields. On that account as well as on account of preventing of water flow from the land the assailants in connivance with each other killed Chanan Singh and caused injuries to others. It was about 5 A.M. that Chowkidar Kheda Singh opened the door from outside that Shanti Devi and her son Kuldip went to the police station to lodge the report. The police investigated the case and submitted report against fourteen of the accused. The report was not submitted against Sewa and Jagta who were alleged to be armed with pistol and gun respectively.