BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal as well as Criminal Appeal No. 573-DBA of 1987 directed by the State of Haryana against the acquittal of Kapur Singh and Chander accused shall be disposed of by this judgment as these arise out of the same judgment of the learned Additional Sessions Judge, Sonepat and rest upon the same evidence.

(2.) IN brief, the facts of the prosecution case are that Aad Ram deceased along with Hoshiar Singh (P.W.8) and the latter's brothers Prem and Manphul had entered into an agreement on July 2, 1984, to purchase 8 killas of land from Radhey Sham and Mange Ram of their village Nizampur and the sale deed was to be executed by July 16, 1984. Balwan Singh accused also wanted to take possession of this land illegally and thus felt sore towards the prospective vendees. On July 3, 1984, Balwan Singh accused also gave beatings to Sultan Singh (PW12), the nephew of aforesaid Hoshiar Singh and thereafter absconded from the village. With this background of strained relations, it is alleged that on July 14, 1984, at about 7 p.m., Hoshiar Singh (PW8) and Aad Ram deceased were sitting outside the Cana Crusher of the former when Balwan Singh along with his friend, Ram Kishan, carrying Dangs besides his relation Chander accused carrying a gun and his wife's brother Kapur Singh carrying a jaily came there from the side of village Ludana. Balwan Singh accused then exhorted to teach a lesson to Hoshiar Singh and Aad Ram for purchasing the land of banias and he opened the attack by giving four lathi blows to Hoshiar Singh (PW8) which landed on the right elbow, right armpit, right side of the waist and near the right elbow joint. Ram Kishan accused then dealt five lathi blows to Hoshiar Singh on the left armpit, left side near the waist, left arm and on the left hand wrist joint and on the left knee. Then Kapur Singh accused dealt four jaily blows lathi-wise on the left leg, right calf, left thigh and on the right cheek of Hoshiar Singh PW. Thereafter, Chander accused fired a gun shot in the air besides striking its but dang-wise on the left temple and forehead at Aad Ram (deceased), Kapur Singh accused also gave three jaily blows thrust-wise on the left and right thigh of the deceased while Balwan Singh accused dealt a lathi blow on the back side of the head of Aad Ram (deceased) and Ram Kishan accused gave a lathi blow on the right side of the forehead of the victim. Aad Ram them fell down and became unconscious. Jagtar Singh (PW9) and Sumer Chand are alleged to have seen the occurrence. On the alarm raised by these witnesses, all the accused ran away along with their respective weapons towards village Ludana. Jagat Singh PW then brought both the injured to Civil Hospital, Gohana, at 9.25 p.m. in a tractor trolly where Dr. Satvir Chaudhari (PW1) examined Hoshiar Singh PW and found 13 injuries with blunt weapon on his person. All the injuries were declared simple later on. This doctor referred Aad Ram (deceased) to Medical College Hospital, Rohtak, for treatment as his condition was precarious. He also sent intimation Exhibit PB to the Police Station, Gohana. The Morhrrir Head Constable of Police Station, Gohana, gave a telephonic message to Sub Inspector Parkash Chand (PW13), Incharge of Police Station, Baroda, at 10 p.m. upon receipt of which, he along with other police officials went to Civil Hospital, Gohana, and concluded the statement Exhibit PJ of Hoshiar Singh (PW8) at 10.40 p.m., after the doctor had declared him fit to make the same. On it basis, the Formal Information Report Exhibit PJ/1 was got recorded through ASI Hari Singh in Police Station, Baroda, at 11.10 p.m. during the same night.

(3.) BALWAN Singh and Ram Kishan accused were arrested by S.I. Parkash Chand (PW13) on July 30, 1984, at 7.20 p.m., in the area of village Ishapur Kheri near Butana minor in the presence of Sat Pal (PW11) and other witnesses. Both the accused got recovered a dang each in pursuance of their disclosure statement, but ultimately human blood was not detected on any of these weapons. After completion of investigation, all the accused were arraigned for trial on such like allegations for the murder of Aad Ram and for causing injuries to Hoshiar Singh PW in furtherance of their common intention.