JARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Jarnail Singh and has been directed against the judgment and order dated 17.1.1987 passed by the court of Additional District and Sessions Judge, Kurukshetra, who convicted the appellant u/s 308, IPC and sentenced him to undergo R.I. for a period of 5 years and a fine of Rs. 5,000/-, in default of payment of fine, he was directed to undergo further R.I. for six months. It was further ordered by the learned trial court that the fine, if realised, shall be payable to the injured by way of compensation. Vide the same judgment and order, the learned Addl. Sessions Judge, Kurukshetra also convicted and sentenced the two brothers of the present appellant; namely Nirwaih Singh and Karnail Singh u/s 323, IPC. However, the trial court extended the benefit on probation in the sum of Rs. 2,000/- for a period of two years directing him to keep good behaviour during the period of probation and he was also directed to remain under the supervision of the District Probation Officer, Kurukshetra. Karnail Singh was sentenced to three months simple imprisonment u/s 323, IPC, which he had already undergone and he was set at liberty.

(2.) THE brief facts of the case are that the agricultural land of Malook Singh, PW-3, was located on one side and that of the accused; namely, Jarnail Singh, Nirwaih Singh and Karnail Singh, on the other side of the Village Malakpur. In between these lands, there was a common dol. In fact, there had been a dispute and the accused persons had been claiming this dol to their exclusive passage and did not allow the complainant party from passing over the dol. As such, there had been some litigation between the parties and the complainant- party was using this dol, which had aggravated the situation in the minds of the accused. This was the motive.

(3.) FIR in this case was lodged by Mukhtiar Singh, who made the statement before the police on 14.1.1986, Ex.PE, on the basis of which, formal FIR, Ex. PE/3, was recorded. The investigation was conducted by PW-6 ASI Mange Ram, who visited the place of occurrence and took into possession the blood-stained earth from the fields vide memo Ex. PF. He also took into possession the blood-stained turban of the injured vide memo Ex.PG. He prepared the rough site plan, Ex.PM, of the place of occurrence and recorded the statement of Malook Singh, injured, when he was declared fit to make the statement. Scaled site plan, Ex.PH, was also got prepared from the Revenue Patwari.