SHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) There are two appellants. They along with one Dalbir Singh were tried for offence punishable under section 302 read with Section 34, IPC for causing the death of Lachhmi Chand, the deceased in the case. The trial Court acquitted Dalbir Singh but convicted the two appellants. The conviction was confirmed by the High Court.

(2.) The prosecution case is that there was some dispute regarding the irrigation of the land. On 7th February, 1978 the deceased and his brother Prem Singh, PW 2 uprooted their potato crop and the crop was lying in the field. In order to keep watch over that crop, Lachhmi Chand slept in the shed of his tubewell. On 8th February, 1978 at 6.00 a.m. PW 2 went to the tubewell taking tea for his brother Lachhmi Chand, the deceased. When he was 100 yards away from the tubewell, he heard his brother crying "Mar dia Mar dia". PW 3, uncle of PW 2 was at that time irrigating his field situated nearby. P.W. 2 shouted to him that his brother was being killed. PWs 2 and 3 ran towards the tubewell. They were at a distance of 15 to 20 paces when they saw the two appellants along with Dalbir Singh coming out of the shed. The two appellants were armed with hali and gandhali, respectively and Dalbir Singh was armed with lathi. PWs 2 and 3 went inside the shed and found the deceased lying with multiple injuries profusely bleeding. He was already dead. PW2 went to his house and told his father and mother and then went to police station, which was at a distance of 19 kilometres. He reached there at 10.15 a.m. A case was registered by the ASI, PW 10 who reached the village and took up the investigation, held the inquest and sent the dead body for post-mortem. PW 1, who conducted the post-mortem, found as many as 26 incised injuries all over the body of the deceased. On internal examination, he found that brain was injured, ribs were fractured, pleurae was injured, lungs were injured, pericardium and heart were injured, and abdominal wall and peritoneum were also injured. Stomach was also injured and contained only clotted blood. Small intestines contained semi-digested food while large intestines contained faecal matter. He opined that the death was due to shock and haemorrhage which was sufficient in ordinary course of nature to cause death. The ASI arrested three accused and effected some recoveries and after completion of investigation, charge sheet was laid.

(3.) The accused when examined under section 313, Cr. P. C. denied prosecution version and pleaded not guilty. The trial Court accepted the evidence of PW 2 but acquitted Dalbir Singh on the ground that no lathi injuries were found on the deceased. So far as the two appellants are concerned, the trial Court held that the evidence of PWs 2 and 3 established infliction of multiple injuries on the deceased. The High Court accepted all these findings of the trial Court and dismissed the appeal filed by them.