STATE OF HIMACHAL PRADESH Vs. KRISHAN LAL

JUDGEMENT

(1.) These Cross-Appeals are being disposed of by a common judgment since these arise out of the same Judgment dated 20-12-1986 passed by the Sessions Judge, Shimla. By the impugned judgment, accused Krishna Lal was convicted under Section 304 Part 1 of the Indian Penal Code and sentenced to five years rigorous imprisonment and a fine of Rs. 6,000. In default of payment of fine, he was to suffer further rigorous imprisonment for two years another accused Sagar Dass was convicted of offence under Section 323, I.P.C and sentenced to pay a fine of Rs. 1,000 failing which he was to undergo rigorous imprisonment for a period of six months. The amount of fines to be recovered from both the accused persons was ordered to be paid to the legal heirs of deceased Man Singh. The charge against them was under Section 302 read with Section 34, I.P.C. for the murder of Man Singh. In their appeal, they have challenged their conviction and sentence. Whereas the State has prayed for their conviction under Section 302 read with Section 34, I.P.C. in its Cross-Appeal.

(2.) The case against the accused Krishan Lal and Sagar Dass was initiated on the complaint filed by Sher Singh in Police Post Nankhari on 25-10-1985 at 7.30 p.m. which was later registered as F.I.R. No. 189 of 1985 in Police Station Rampur on 29-10-1985. In his complaint, Sher Singh has alleged that on 28-10-1985 at 6.00 p.m. while going to his field, when he reached near the saw mill of Krishan Lal and Sagar Dass, he saw that they dragged Man Singh deceased from his field to the saw mill. According to him, Sagar Dass had caught hold of Man Singh while Krishan Lal gave him beatings with a Danda. Seeing this, to save Man Singh, he rushed to the spot but before he could reach, Man Singh had collapsed on the ground. His face was besmeared with blood. On his enquiry from Krishan Lal and Sagar Dass that why they gave beatings to Man Singh, they pushed him down the wall and Sagar Dass hit him on his head with a stone. As a result of the injury on his head, bleeding started therefrom. Sher Singh further stated in his complaint that by the time he returned down from the wall, Man Singh had succumbed to his injuries and the accused persons had fled away from the spot. In the meanwhile, his father, Shankar Dass, Kalma Nand and Bhungi Ram reached at the spot and leaving them behind, he came to the Police Post for lodging the report. The reason given by him for the murder of Man Singh by Krishan Lal and Sagar Dass was that they wanted to extend the area of the land where they had installed the saw mill by digging the land of Man Singh to which Man Singh had objected.

(3.) After investigation, challan was put up and accused persons were charged and tried under Section 302 read with Section 34, I.P.C for the murder of Man Singh, who was real brother of Sagar Dass and uncle of Krishan Lal. During the trial, Sher Singh has appeared as PW 4. He has reiterated his occular version how Man Singh was killed by Krishan Lal and Sagar Dass. He has also proved the recovery of Danda from accused Krishan Lal. He has stated that the cause of enmity between Man Singh and Sagar Dass was a civil suit pending at Rampur in respect of land belonging to their mother, Smt. Fessi. In his cross-examination, he has denied the suggestion made to him on behalf of the accused persons that he, his father Shankar Dass and deceased Man Singh had gone to the Saw Mill with the intention to pick up a quarrel with the accused persons, assaulted Sagar Dass with Danda and when Krishan Lal intervened, they had given beatings to him also. He has admitted that the quarrel between accused persons and Man Singh had lasted for 15-20 minutes. He has admitted a document, Ex. PW-4/A and identified the signatures of Sagar Dass, Krishan Lal and Man Singh besides his own in the said document. By this document, the parties had agreed that Krishan Lal and Sagar Dass might install a factory below the field of Man Singh but if the retaining wall of his field collapsed due to digging of land by them they would be liable to reconstruct it. Even by lengthy cross-examination of this witness, his account of the homicide of Man Singh at the hands of the accused persons is not shattered.