BHUP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - This appeal is directed against the judgment of conviction dated 01.12.1999, and the order of sentence dated 03.12.1999, rendered Criminal Appeal No. 15-DB of 2000 2 by the Court of Additional Sessions Judge, Jhajjar, vide which, it convicted the accused (now appellants), for the offence, punishable under Section 302 read with Section 34 of the Indian Penal Code, and sentenced them, to undergo imprisonment for life each, and to pay a fine of Rs 2,000/- each. In default of payment of fine, to undergo further imprisonment for a period of six months each.

(2.) SHORN of unnecessary details, the case of the prosecution proceeded, in the manner, that on 26.02.1996, at about 8.00 A.M., complainant Satpal, alongwith his father Tek Chand, was preparing ridge (dol) of their field, when Ved Pal, his brother arrived, in order to help them. Ved Pal, was present, near the ridge of the field of Mahender, accused. At that time, all the three accused namely Mahender, Bhup Singh and Omeshwar, sons of Rattan Singh, emerged. They were carrying a spear (ballam) each. They raised an exhortation, that they would teach them a lesson for preparing ridge. When Ved Pal, tried to stop the accused, Bhup Singh, accused, gave a spear (ballam) blow which hit his chest, whereas Omeshwar, accused, gave a spear (ballam) blow, which hit his left hand. Ved Pal, fell on the ground, in the onion field of Mahender, accused. On hearing alarm, raised by the complainant and his father, all the three accused fled with their weapons. Ved Pal, succumbed to his injuries, sustained by him, at the hands of the accused.

(3.) ON their appearance, in the Court of the Committing Magistrate, the accused were supplied the copies of documents, relied upon by the prosecution. After the case was received by commitment, charge under Section 302 of the Indian Penal Code, against Bhup Singh, accused, and under Section 302 read with Section 34 of the Indian Penal Code, against Omeshwar and Mahender, accused, was framed, to which they pleaded not guilty, and claimed judicial trial.