AZAD SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment, I dispose of Criminal Appeal 415-SB of 1995 titled "Azad Singh v. The State of Haryana" and Crl. Revision 199 of 1996 titled "Sat Narain v. Azad Singh etc." as both these matters have arisen from the judgment and order dated 6.7.1995, passed by the court of Additional District and Sessions Judge, Sonepat, who convicted the appellants u/s 304 Part II, read with section 34, IPC for causing the death of Prem Singh and u/s 323, IPC, for causing simple hurts to Prem Singh, deceased, and Sat Narain, PW-6. The appellants were directed to undergo RI for 7 years each u/s 304 Part II, r/w section 34, IPC and to pay a fine of Rs. 20,000/- each; in default of payment of fine, they were directed to undergo RI for a period of two years. The trial court also ordered that the amount of fine, if realised, shall go to Smt. Shanti Devi, widow of Prem Singh, deceased, by way of compensation. The appellants were further directed to undergo RI for six month each u/s 323, IPC. Further, both the sentences were ordered to run concurrently.

(2.) THE facts of the case are that Sat Narain, PW-6, is son of Prem Singh, deceased. Accused Azad Singh, Nahar Singh and Ram Kumar are real brothers and they are sons of Jage Ram. Deceased Prem Singh was son of Munshi Ram son of aforesaid Jage Ram. Dharambir, accused, and Prem Singh (deceased) are uterine brothers being from the same mother but from different fathers. On 28.6.1994, there was some dispute over the water course between the accused and the deceased, which was settled by Angrez Singh and Raj Singh. The story of the prosecution further proceeds that on the night intervening 29/30.6.1994, Sat Narain, PW, and Prem Singh, deceased, reached their fields at about 11.30 p.m. in order to irrigate the same as their turn of water was to start from 11.45 p.m. to 1.30 a.m. On reaching the spot, they saw that the water course was already dismantled. Prem Singh, deceased, started putting the same in order. Ram Kumar, appellant, was already present there. The remaining three appellants Azad Singh, Nahar Singh and Dharambir also joined there. Thereafter, all the four appellants started giving injuries with lathis on the person of Prem Singh. Dharambir opened the score and he inflicted a lathi blow on the head of Prem Singh. Thereafter, Azad Singh gave a lathi blow hitting on the right arm of Prem Singh. Then Ram Kumar gave lathi blows hitting on the left leg and on the chest of Prem Singh, deceased. Then, Nahar Singh gave injuries with the lathi on his person. When Sat Narain came forward in order to save his father, he was given a lathi blow on the right leg by Ram Kumar and on his left arm by Dharambir, appellant. On account of the said lathi blows, Prem Singh, deceased, fell on the ground while Sat Narain left the place of occurrence in order to save himself.

(3.) BEFORE the injured Prem Singh was referred to the Safdarjang Hospital, Delhi, Dr. B.D. Chaudhary, PW-1, medically examined Prem Singh at General Hospital, Sonepat, and found the following five injuries on his person, as per M.L.R., Ex. P.A. :-