BALJINDER SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) WE will be deciding Criminal Appeal No. 138 -DB of 2001 and Criminal Revision No. 1037 of 2001 by this common judgment, as they arise out of the same judgment/order dated 20.12.2000/22.12.2000 of the learned Additional Sessions Judge, Fatehabad whereby he convicted Baljinder Singh son of Gurdial Singh under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000/ -. Co -accused Gurdial Singh was acquitted by the learned trial Court and the State has not filed any appeal.

(2.) THE case of the prosecution is unfolded by the statement Ex.PF of Jasvir Kaur given to Raj Kumar SI/SHO at Civil Hospital, Hissar, on 8.2.1998 at 1.15 a.m. Jasvir Kaur stated, that her husband Darshan Singh has three brothers namely Balbir Singh, Harbans Singh and Baljinder Singh. Darshan Singh and Harbans Singh had a joint kitchen, while Balbir Singh and Baljinder Singh lived separately for the last 10/11 years. Her father -in -law Gurdial Singh lived with Baljinder Singh. Her father -in -law had 25 acres of land. He retained 5 acres of land for himself and distributed the rest in equal shares i.e. 5 acres each to his four sons. Gurdial Singh wanted to give the 5 acres he retained to Baljinder Singh. Darshan Singh filed a suit in the Civil Court, but the matter was compromised by the intervention of relatives and friends. A joint tubewell had been installed and all the brothers used that tubewell for irrigation purposes. This tubewell fell in the share of land of Baljinder Singh. He refused to give water and there was always a quarrel about the share of water in this tubewell. In the previous year, Balbir Singh had caused injuries to Baljinder Singh. A criminal case was pending in the court at Fatehabad. On 7.2.1998 at about 5 p.m. when Jasvir Kaur was going to the house of her Jethani Gurjit Kaur wife of Balbir Singh, she saw her husband going to the village through the lane of Kaka Singh. In the meanwhile, Baljinder Singh and her father -in -law Gurdial Singh came there. Baljinder Singh was holding a Gandasa in his hand, while Gurdial Singh was holding a Lathi. They intercepted Darshan Singh and told him that they were going to teach him a lesson for demanding his share of land in the 5 acres and also a share of water in the tubewell. Darshan Singh told them that this can be settled in the panchayat. Both Gurdial Singh and Baljinder Singh started abusing Darshan Singh. Baljinder Singh then gave 2/3 blows with his Gandasa on the head of Darshan Singh. Darshan Singh fell down. While he was falling down on the ground, Gurdial Singh gave a number of Lathi blows to Darshan Singh. Darshan Singh started bleeding profusely. Jasvir Kaur shouted for help. Her Jethani Gurjit Kaur wife of Balbir Singh and her son Gurpreet came to the spot who had also seen the occurrence. Both Gurdial Singh and Baljinder Singh then ran away. On the basis of this statement F.I.R. Ex.PF/1 was recorded on 8.2.1998 at 3.15 a.m. at Police Station Ratia. The special report reached J.M.I.C. Fatehabad on the same day at 6.15 a.m.

(3.) LEARNED Counsel for the appellant has argued, that deceased Darshan Singh and his brother Balbir Singh demolished the wall of the verandah which was in between the houses of the appellant Baljinder Singh and deceased Darshan Singh in which their mother lived. Genesis of the occurrence has been suppressed by the prosecution as it had taken place near the verandah. Verandah was in the possession of Baljinder Singh appellant. In the right of protecting his property, appellant came forward to stop them from demolishing the wall. Appellant picked up a Kassi and gave a blow on the head of the deceased. As per Dr. Varun Kwatra PW -3, the size of the injury on the head of the deceased was 13 inches, which could not have been caused by the Gandasa Ex.P7, which has a blade of 11 -1/2 inches. It was actually a Kassi blow. Occurrence did not take place in the street but in the house of the appellant and deceased. There was no reason for Jasvir Kaur PW -4 and Balbir Singh PW -5 to be present in the street at 4.40 p.m.