MALKIAT SINGH ALIAS PAPPU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Malkiat Singh who was tried along with his co-accused Gurmit Singh through present criminal appeal filed by him has called in question the order of conviction and sentence recorded by Sessions Judge, Ambala dated 13/20-3-1996, by which he has been held guilty of an offence under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life. In so far as Gurmit Singh co-accused and real brother of the appellant is concerned, he was acquitted by the learned Sessions Judge.

(2.) The occurrence leading to the death of Baldev Singh was reported by Sukhdev Singh PW 3 brother of the deceased. He made statement on 27-3-1994 at 2.45 p.m. before ASI Raj Singh at Civil Hospital Naraingarh. According to the statement made by Sukhdev Singh, Baldev Singh was done to death by applicant Malkiat Singh and his co-accused Gurmit Singh on 27-3-1994 at twelve noon. Formal FIR came to be recorded at Police Station Naraingarh at 3.45 p.m. and the Special Report reached the concerned Magistrate on the same day at 8 p.m.

(3.) While giving narration of events leading to the death of Baldev Singh it was stated by his brother Sukhdev Singh PW 3 that he was residing in village Pinjori, Police Station Naraingarh and was plying a Tonga. They were four brothers, the eldest being Baldev Singh. He was younger to him and younger to him was Balraj Singh and younger one was Sartaj Singh. He was plying Tonga from Pinjori to Naraingarh. His brother Baldev Singh had come after retirement from army two months ago. On the day of occurrence which was a holiday being a festival of Holi (Phag), he had accompanied him to Naraingarh with his Tonga. At about twelve noon, after parking his Tonga at Ambala Chowk, Naraingarh he had gone to purchase household goods. When he reached in front of Verma Iron Store at Nahan road, he saw his brother Baldev Singh and Malkiat Singh alias Pappu son of Pritam Singh and Gurmit Singh son of Gurmit Singh residents of Pinjori indulging in filthy abuses in front of Verma Iron Store. Within his sight Gurmit Singh gave a push to his brother and Malkiat Singh threw an empty liquor bottle at him which hit nearby wheat thrashing machine and the bottle got broken. Thereafter Malkiat Singh gave two blows with that broken bottle to his brother Baldev Singh which hit his neck toward its right side. He raised an alarm Mar Dia, Mar Dia, which attracted Joginder Singh son of Dewan Singh and Avtar Singh Panch son of Puran Singh, residents of village Pinjori to the spot. On seeing them coming, Malkiat Singh and Gurmit Singh fled away from the spot leaving behind Baldev Singh. Thereafter he took Baldev Singh in an injured condition and got him admitted in the hospital at Naraingarh, where the doctor had referred Baldev Singh to P.G.I. Chandigarh. When he reached near village Bhure Wala, Baldev Singh succumbed to injuries. Dead body of Baldev Singh was brought back to civil hospital at Naraingarh. Sukhdev Singh came to know that his brother and co-accused had quarrelled with each other after consuming liquor and had abused each other. Malkiat Singh and Gurmit Singh caused injuries to Baldev Singh with the intention to kill him.