SUKHBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whereas, Sukhbir, Dharambir and Rajesh alias Pappu, real brothers, who have since been held guilty under S. 302 read with S. 34 and sentenced to undergo R.I. for life and to pay a fine of Rs. 1000/- each or in default of payment of fine to further undergo RI for six months, for having intentionally committed the murder of Jaideep as also under S. 324 read with S. 34, IPC and sentenced to undergo RI for three months for having caused injuries to Jaivir, vide order of conviction and sentence recorded by the Additional Sessions Judge, Sonepat dated March 5, 1998, through present appeal filed by them seek setting aside of the said order, Jot Ram, complainant, who has preferred Crl. Revision No. 442 of 1998 and which revision has been ordered to be heard along with Crl. Appeal No. 140-DB of 1998 seeks more deterrent punishment to the appellants as also compensation on account of death of Jaideep and injuries sustained by Jaivir.

(2.) Before, however, the rival contentions for and against the order of conviction and sentence dated March 5, 1998, as canvassed by learned counsel for the parties are noticed it shall be useful to give backdrop of the events culminating into conviction and sentence recorded against the appellants and the present appeal. It requires to be mentioned here that the appellants herein were tried along with their co-accused Ranvir Singh and Anand, who have since been acquitted.

(3.) Death of Jaideep and injuries to Jaivir came to be reported to the police by Jot Ram, P.W. 6. He made a statement before SI Siri Chand on September 18, 1992 at 4.40, on the basis of which special report reached the concerned Magistrate at Sonepat at 6-15 p.m. on the same date. While unfolding the events leading to death of Jaideep and injuries to Jaivir, he stated that he was residing in village Rathdhana. He was working as an Assistant Librarian in Hindu College, Sonepat. As usual, that day he had gone to his house for taking lunch from the College and after taking his lunch, his son, namely, Ranbir Singh was going to leave him at the college on a cycle. When he reached Subhash Chowk at about 1.45 p.m. on the bicycle with his son, Sukhbir Singh, Dharambir, Rajesh, Anand and Ranbir sons of Mukhtiara, Caste Jat, resident of Rathdhana, at present Model Town, Sonepat, with their common intention, rushed from behind the side of Katha quarters' to the Subhash Chowk. Immediately, on reaching there, they surrounded his son Jaivir and his nephew Jaideep son of Hari Ram, who, after college hours, were standing at Subhash Chowk and waiting for a bus or scooter. Ranbir took Jaideep into his grip from behind. Sukhbir and Rajesh were armed with swords. Anand and Dharambir were armed with knifes. Sukhbir thrust his sword from its sharp side in the chest of Jaideep and Dharmavir gave a knife blow in the chest of Jaideep, as a result of which Jaideep fell on the ground with his face downward. Then Rajesh inflicted injuries with sword on his back. When Jaivir tried to rescue Jaideep, then Anand gave a knife blow to him which hit on his right arm. Thereafter, Dharambir made the face of Jaideep onward and gave a knife blow on his abdomen and gave second knife blow on his left thigh. He and his son Ranbir raised an alarm of "Bachao-Bachao". On hearing their noise, Sukhbir, Dharambir, Rajesh, Anand and Ranbir fled away from the spot with their respective weapons. He and his son Ranbir chased to catch them but they ran away through the streets. When he came back to the spot, Jaivir and Jaideep were not found at the spot and on enquiry be came toknow that some people had taken them to the Civil Hospital, Sonepat. Then, he and his son Ranbir went to the Civil Hospital, Sonepat to enquire about Jaivir and Jaideep and he came to know that Jaideep had succumbed to his injuries whereas Jaivir was admitted in the hospital. He further stated that the cause of dispute was that Pardeep, elder brother of Jaideep had contested Municipal election from Ward No. 19, Sonepat against Sukhbir, who had asked Pardeep many times not to contest the election but Pardeep did not withdraw his name from the election. Due to this grudge, Sukhbir and his brothers had caused injuries to Jaivir in the previous winter and the said case was pending in the Court.