HOSHIAR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants are Hoshiar Singh, his son Balwant Singh and nephew Kulwant Singh of Nagla, Kurukshetra. The appellants were tried for the murder of Iqbal Singh of their village who died on June 7, 1997 on account of head injury. The three appellants were found guilty of murder, convicted under Section 302 read with Section 34 IPC and sentenced to rigorous imprisonment for life. They were also sentenced to pay fine of Rs. 200/ - each, in default of payment of fine, they were directed to further undergo rigorous imprisonment for one month.

(2.) THE brief facts of the case are that Iqbal Singh deceased alongwith his brother owned 7 killas of land in Sehzadpur Patti, Shahabad with a common boundary with Hoshiar Singh's land. On June 6, 1997, Hoshiar Singh had removed the common ridge and pushed the earth away towards Iqbal Singh's land. On the next day Iqbal Singh and his son Sukhwinder Singh (PW -10) went to irrigate their field, Iqbal Singh's wife Pritam Kaur also reached there with tea. At that moment Balwant Singh and Kulwant Singh were irrigating their field with the water drawn from their tubewell.

(3.) IQBAL Singh was evacuated in a tractor -trolley to CHC Shahabad by Sukhwinder Singh and Joginder Singh, where Dr. Ravinder Nath Sharma (PW -2) declared him dead. Report was sent to the police station, whereupon SI Devi Chand (PW -12) reached the hospital and recorded Sukhwinder Singh's statement at 12.35 p.m. On the basis of this statement, FIR under Section 302/34 IPC was registered at 12.50 p.m. at Police Station Shahabad. Special report was delivered to the Magistrate at Kurukshetra at 3.30 p.m.