BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Balwan Singh, Jai Singh and Inder Singh real brothers were tried with their co-accused Rakesh Kumar under Sections 302, 323 read with Section 34 of the Indian Penal Code. Whereas their co-accused Rakesh Kumar was acquitted of the charge framed against him, appellants herein having been held guilty under Section 302 read with Section 34 of the Indian Penal Code were sentenced to undergo R.I. for life and to pay a fine of Rs. 500/- each or in default of payment of fine to further undergo R.I. for three months. They have also been held guilty for an offence under Section 323 read with Section 34 of the Indian Penal Code and sentenced to R.I. for six months each as also were burdened with Rs. 10,000/- each which if realised was to be paid to Om Pati widow of deceased as compensation. The orders to the effect aforesaid were passed by the learned Sessions Judge, Sonepat on 21st and 22nd of March, 1997. It is against these orders of conviction and sentence that the present appeal has been filed.

(2.) The prosecution story was unfolded by Virender Singh son of Ram Chander deceased. According to his version, whereas Ram Chander was done to death by the appellants and another, he and one Tek Ram suffered injuries on 23-5-1992 at 7.30 P.M. in village Nadipur Majra also known as Mahboobpur which is at a distance of 16 KMs from Police Station Ganaur. The statement of Virender Singh came to be record on 25-5-1992 at 12.15 AM (mid-night) at Ganga Ram Hospital, Delhi which was recorded by Mohan Singh Head Constable PW-14. On the basis of statement made by Mr. Virinder Singh PW-5, formal F.I.R. Ex. P2 initially came to be recorded under Sections 323, 307 read with Section 34 of the Indian Penal Code but was converted to Sections 323, 302 read with Section 34 of the Indian Penal Code on 25-5-1992 after the death of Ram Chander. Virender Singh stated before Head Constable Mohan Singh that he was serving in AIR Force and had come on 40 days leave. On 23-5-1992 he had gone to village Juan in the marriage of Suresh his neighbour. Balwan and Jai Singh sons of Parhlad Singh of his locality had also gone to village Juan in the same marriage and two brothers were going on a motor cycle. He asked Balwan to take the bridegroom from Vida to Chopal on motorcycle. At this Jai Singh accused abused and slapped him and stated as to who he was to order them. An altercation ensued between him and Jai Singh. Balwan and Jai Singh returned to their village and while starting the motor cycle Balwan told him that they would see him and his father after returning home. Later on, the came to the village with marriage party and when he was going towards his house, he saw that Balwan, Jai Singh and Inder sons of Parhlad Singh and Rakesh son of Jai Singh had laid down his father Ram Chander. All the four persons were armed with Jelli and lathis and they were inflicting injuries to his father with their respective weapons. His mother Om Pati and Tek Ram son of Hari Singh were trying to rescue his father from their clutches. In the meantime he also ran to rescue his father. Balwan tried to give him Jelli blow on his back, but as he bentlow, the pointed ends of Jelli struck him slightly on the back right side of his shoulder. Inder Singh struck end of the lathi below his left eye and gave another lathi blow on his right shoulder. Rakesh gave blow of Jelli lathiwise on the wrist of his left hand. When Tek Ram tried to intervene, Jai Singh gave a lathi blow on his head. When they raised alarm, then all the four assailants, thinking that his father was dead, fled away from the spot. They launched attack on them due to grudge of an altercation in the marriage. The assailants made good their escape. Jai Bhagwan also reached the spot. Then, he along with his mother and Jai Bhagwan took his father who was bleeding profusely from the head, abdomen, hand and foot to Civil Hospital, Ganaur in a vehicle. They sent them to civil hospital, Sonepat. Thereafter, the doctors there referred his father to M.C.H. Rohtak. After consulting each other, they brought his father to AIMS Delhi but the doctor sent them to Safdarjang Hospital. The doctors again seeing his critical condition advised them to take Ram Chander to Ganga Ram Hospital. Finally his father was brought to Ganga Ram Hospital and admitted there. The occurrence had taken place at 7.30 PM.

(3.) In its endeavour to bring home the offence against the appellants and his co-accused Rakesh Kumar, the prosecution examined Dr. Krishan Kumar, Medical Officer, PHC, Ahar, Distt. Panipat as PW-1. He stated that while working as Medical Officer in PHC, Ganaur, he examined Tek Ram and found the following injuries on his person-