SUCHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this appeal preferred by Sucha Singh and his brother Avtar Singh as also Dilbag Singh against the order of conviction and sentence recorded against them by the Additional Sessions Judge, Hisar dated 7-9-1997 and convicting Sucha Singh under Section 304, Part I of the Indian Penal Code and ordering him to undergo RI for life and to pay a fine of Rs. 2000/- or in default thereof to further undergo RI for two years as also convicting him under Section 27 of the Arms Act and ordering that both the sentences shall run concurrently and further holding Avtar Singh and Dilbag Singh guilty under Section 304, Part I read with Section 109 of the Indian Penal Code and ordering them to undergo R. I. for seven years and to pay a fine of Rs. 2000/- or in default thereof to undergo further R. I. for two years each, the only question that has been raised before us is as to whether Avtar Singh and Dilbag Singh can be held guilty under Section 304, Part I with the aid of Section 109 of the Indian Penal Code and that as to whether imposing maximum sentence on Sucha Singh under Section 304, Part I is justified or under the facts and circumstances of the case the same should be reduced.

(2.) For deciding the limited points raised in this appeal as noted above, the need is to give facts in brevity. Sukhwant Singh died on 1-6-1995 when as per the prosecution version, he was hit by a fire arm shot by appellant Sucha Singh. The occurrence had taken place at 6. 30 am on 1-6-1995 at village Nakhatia, Police Station Fatehabad. First Information Report with regard to the incident came to be recorded on 1-6-1995 at 10. 35 am on the statement Ex. PK of Partap Singh brother of the deceased which was recorded by SI Sardara Singh PW-9 at General Hospital, Fatehabad. Special report with regard to the incident reached the concerned Magistrate at 1. 00 pm on 1-6-1995. While unfolding the prosecution version, Partap Singh stated before SI Sardara Singh PW-9 that he was resident of village Nikhatia and was doing cultivation. They were four brothers. Eldest is Gurdial Singh, younger to him is Jagtar Singh and still younger to him was Sukhwant Singh, while he was the youngest. There was a common electric tubewell installed in the Gurdwara of their village. Electric motor of the tubewell had been out of order for about three months. In order to get the motor repaired, the people of the village got together on the basis of brotherhood and formed a panchayat. In that panchayat it was decided that Rs. 150/- per house from land owners and Rs. 100/- from Harijans may be collected as a contribution towards the repair of the electric tubewell. In order to collect this contribution, panchayat had appointed him, Surjit Singh, Kuldeep Singh and Balwinder Singh. They had been collecting the contribution for about one week. A day before the occurrence at about 7 pm when all the four reached the house of Sucha Singh appellant to collect the contribution, appellant Sucha Singh asked them as to who had given them authority to collect the money. Appellant Sucha Singh gave him a slap and called them bad names. Thereafter they all came back to their respective houses. He narrated this incident to his brother Sukhwant Singh. On the eventful day at about 6. 30 am, his brother Sukhwant Singh was going to Sucha Singh to remonstrate this matter. He and Nirmal Singh also accompanied him. When they reached in front of the house of Purshotam member panchayat, they saw Sucha Singh standing armed with his licensed gun. His brother Avtar Singh and Dilbagh Singh were also standing by his (Sucha Singh's) side. His brother asked Sucha Singh as to why he had slapped his brother Partap Singh and it was not good on his part. Thereafter appellants Avtar Singh and Dilbagh Singh incited Sucha Singh appellant to kill the enemy without bothering about consequences. At this stage Sucha Singh fired a shot with his gun at his brother Sukhwant Singh which hit him on his right thigh as a result of which Sukhwant Singh fell down. Sucha Singh and others decamped from the spot along with their respective weapons. He and Nirmal Singh rushed to check Sukhwant Singh and found him unconscious. He took his brother Sukhwant Singh to General Hospital, Fatehabad in the jeep of Baljit Singh where the doctor declared him dead. Partap Singh further stated that appellant Sucha Singh hadkilled Sukhwant Singh by aiming a fire shot at him with his gun. Therefore, action should be taken.

(3.) Dr. N. Chakarwarti, Medical Officer, General Hospital, Fatheabad who conducted post-mortem on the dead body of Sukhwant Singh found the following injuries :-"1. An irregular lacerated wound with inverted margins measuring 6 cm x 4 cm in diameter on the front aspect and upper 1/3rd of right thigh. Surrounding the Central wound, there were multiple wounds with irregular and inverted margins each measuring 1/2 cm x 1/2 cm. The wounds were in the area of 10 diameter. The wound was full of blood. On dissection muscles femoral vessels and nervous were lacerated. Card web and 20 pellets were recovered from the wound. The direction of the wound was from anterior to posterior. Corresponding holes were present in the shirt, pajama and kachha. "