KRISHAN AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) In Sessions case No. 45 of 1994, FIR No. 208 dated 7.6.1994 under Sec. 302 read with 34 IPC, registered at P.S.City Bahadur-garh, Krishan S/o Khazan Singh aged about 19 years, and Devender S/o Ram Narain also aged about 19 years, both residents of 8 Biswas, Jatwara Mohalla, Bahadurgarh were tried and convicted by the learned Sessions Judge, Rohtak for causing the murder of Harish aged about 19 years of the same village, vide his judgment and order dated Nov. 3, 1995 as under:-

(2.) The appeal and the revision petition have been directed against the same judgment and order so we propose to decide the same by a common judgment.

(3.) Brief facts of the case are that on 7.6.1994 at about 6.00 p.m. Bhagat Singh PW-3 had gone from his house to his plot situated near the house of his brother Nihal Singh. From there he went to see his brother Nihal Singh and his wife Smt, Luxmi Devi. After having a chat with them Bhagat Singh PW-3 left the house of Nihal Singh. Smt. Laxmi Devi asked Bhagat Singh PW-3 to call Harish (deceased) who was wanted to milch the buffalo as the buffalo used to yield milk by the hands of Harish. Laxmi Devi also told Bhagat Singh PW-5, that Harish would be playing in the play ground behind the college. In order to reach the play ground, Bhagat Singh PW-3, jumped over the wall of the college where his nephew' Sanjay met him who was also playing. On enquiry, Sanjay, informed Bhagat Singh that he had seen Harish and Ravinder going towards the street behind the college. Bhagat Singh and Sanjay went towards that direction and saw Krishan and Devender coming from the opposite side on their respective bicycles. Harish and Ravinder also ahead of them. Devender caught hold of Harish. Harish tried to get himself freed from the grip of Devender (accused). In the meantime Krishan (accused) gave hockey blow on the left side of neck of Harish. On receipt of hockey below Harish fell down. On seeing Bhagat Singh and Sanjay, Krishan and Devender accused fled away on their respective bicycles. Bhagat Singh PW-3, brought a scooter from his neighborhood and then with the help of Sanjay, he took Harish to Civil Hospital, Bahadurgarh. On reaching the Civil Hospital doctor declared Harish as dead. According to Bhagat Singh, Devender, Krishan (accused) and Harish (deceased) had jointly purchased a cricket bat. Ravinder had also contributed for the purchase of cricket bat, Devender and Krishan (accused) did not permit Harish to play cricket with that bat. Thereupon, Harish asked them to refund the share of the price of the bat and thus accused gave injury to him with hockey.