JAGMAL SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) JAGMAL Singh aged 45 years, resident of village Bhora Kalan, stands convicted under sections 325 and 323, Indian Penal Code and sentenced to undergo rigorous imprisonment for one year on first count and three months on the second count.

(2.) BRIEFLY the prosecution case is that a vacant plot of land measuring 19 yards X 15 yards adjoins the nohra of Jagmal Singh accused towards its East. This accused claims title over this plot by long possession for about 40/50 years. However, Gopal Sarup and Anant Bihari Lal and Basheshar Nath claimed that they are joint owners of this plot. They executed a registered deed in respect of this plot in favour of Bhagwan Singh on 26th June 1973, i.e. 2 days prior to the present occurrence. Bhagwan Singh is stated to have entered into possession of the said plot in the afternoon of 26th June 1973 and he dumped some stones on it and also started digging its foundation. Jagmal Singh took exception to that and promptly reported the matter to the police. Consequently, security proceedings were initiated against Bhagwan Singh and his son Navbhan Singh on the one side and Jagmal Singh accused on the other side. Both the parties were admitted to bail by the Sub -Divisional Magistrate, Gurgaon on 27th June 1973. Ultimately both the parties were bound down to keep the peace. The appeal filed by Bhagwan Singh and his son was accepted by the Sessions Judge, Gurgaon on 7th March 1975 while that of Jagmal Singh was dismissed on the same day. On 28th June 1973, Amar Singh, who is the father -in -law of Navbhan Singh, accompanied by his nephew came to village Bhora Kalan. They were lodged by Navbhan Singh and his father in their nohra which is located about 15/20 paces away from their house. On the same day at about 3 P.M, Navbhan Singh started serving meals to them. After serving the course of meals to these guests, Navbhan Singh proceeded to his house to fetch some more eatables, When he reached in front of his house, Jagdish and Mahabir accused armed with lathis emerged from the nohra of Jagmal Singh. They gave one lathi blow each on the head of Navbhan Singh and in the meantime Jagmal Singh and his two sons Rajinder Singh and Surjan Singh came out of their nohra armed with lathis It is stated that Jagdish Singh and Mahabir exhorted the other three accused to belabour Navbhan Singh. Jagmal Singh gave lathi blow on the head of Navbhan Singh followed by Surjan Singh and Rajinder Singh who gave lathi blows on his right shoulder and right wrist. On receipt of injuries, Navbhan Singh slumped on the ground. On hearing the alarm of Navbhan Singh, his father Bhagwan Singh, his father -in -law Amar Singh, his paternal uncle Ram Charan and Gopal Sarup were attracted to the spot and they also witnessed the occurrence. Bhagwan Singh is stated to have given some lathi blows to Jagmal Singh in self defence and in that process Bhagwan Singh also sustained some injuries. Navbhan Singh and Bhagwan Singh were removed to Primary Health Centre where Dr. S. D Gupta medically examined them, Navbhan Singh bad seven blunt weapon injuries on his person. Injuries Nos. 4 and 6 were stated to be simple in nature while the other injuries were kept for observation. Bhagwan Singh had four simple blunt weapon injuries. After having the injuries of Navbhan Singh stitched and after obtaining the medico legal reports, the two injured prosecution witnesses came to the bus stand of their village to catch a bus for Pataudi. They met Head Constable Jagat Singh at the bus stand and Navbhan Singh made a statement Exhibit P.J. before him. On the basis of the said statement, Head Constable Atma Ram made an entry Exhibit P.K. in the daily diary register. Jagmal Singh accused also approached the police on the same day. He got himself medically examined by Dr. S.D. Gupta at about 8 P.M. the same evening. He had thirteen simple blunt weapon injuries on his person Navbhan Singh was referred to Civil Hospital, Gurgaon for X -ray and treatment Dr. Amolak Singh who radiologically examined Navbhan Singh found fracture of skull at posterior and of parietal bone. On receipt of the X -ray report of Navbhan Singh, the police changed the offence to under section 325, Indian Penal Code Assistant Sub Inspector Mathura Singh inspected the spot and prepared its visual plan Exhibit P.L. Jagmal Singh was arrested on 7th July 1973 while the other accused were arrested on subsequent dates On 1st October 1973, Dr. S.D. Gupta opined that death of Navbhan Singh could be caused due to multiple fracture of skull. After necessary investigation, the accused were challaned and committed The accused were brought to trial for the offences under section 148 and sections 307, 325 and 323 read with section 149, Indian Penal Code.

(3.) THE Additional Sessions Judge, Narnaul (at Gurgaon) on the basis of the material placed before him acquitted Jagdish, Mahabir, Rajinder and Surjan Singh but convicted and sentenced Jagmal Singh for the offences as indicated above and hence the appeal at his instance.