ABBEY SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ABHEY Singh, Ranjit Singh, Bhim Singh, Karan Singh, Umrao Singh, Ram Kumar and Devi Singh, all residents of village Sihi were brought to trial before the Court of Session at Faridabad for committing the murder of Vir Pal deceased and for causing injuries to the witnesses and for rioting. The learned Additional Sessions Judge, Faridabad held them guilty and whilst convicting Abbey Singh and Ranjit Singh for the offences under Section 302/34, Indian Penal Code sentenced each of them to life imprisonment and a fine of Rs. 500/- They were also convicted under the subsidiary offences and sentenced to various terms of imprisonment and fine. All the sentences so awarded to them were, however, ordered to run concurrently. The learned Additional Sessions Judge convicted Bhim Singh Karan Singh, Umarao Singh, Ram Kumar and Devi Singh appellants for the offences under sections 148 and 326. 325, 324 and 323 read with Section 149, Indian Penal Code, but instead of being sentenced to any imprisonment. they were ordered to be released on probation to keep peace and be of good behaviour for a period of two years each. Feeling aggrieved, they have challenged their convictions and sentences. by filing Criminal Appeal No. 579-DB of 1986.

(2.) ALL the seven accused are closely related to each other in as much as Bhim Singh and Ranjit Singh accused are real brothers being sons of Tulsi. Abbey Singh, Karan Singh, Umrao Singh and Ram Kumar accused are the sons of said Bhim Singh whereas Devi Singh accused is the son of Ranjit Singh aforesaid. Similarly, members of the complainant a party are also related inter se. Hukum Singh, Pohap Singh and Sham Singh are first cousins as their fathers were real brothers. Rajbir and Karambir PWs are the sons of said Hukum Singh whereas Pohap Singh had four sons, namely, Rajender, Jogender, Ved Pal and Vir Pal (since deceased). Umed Singh is the son of Sham Singh aforesaid.

(3.) THE prosecution case is that on 12-8-1985 at about 8 P.M., Abbey Singh accused alongwith his brother Ram Kumar, Ranjit Singh and his son Devi Singh were present near the baithak of Bhim Singh accused in the area of village Sihi and at that time, Vir Pal deceased, his father Pohap Singh and Umed Singh PW passed from that side while going to their houses. Abbey Singh accused then raised a Lalkara and proclaimed that a lesson would be tought to them (complainant party) for reporting the matter to the police by Sham Singh and also for their passing from that side. At that time Mukam Singh PW was sitting on the chabutra of his house at a distance of about 10/15 paces from that place. On hearing the lalkara of Abbey Singh accused, Hukum Singh also rushed to that place and found Ram Kumar, Ranjit Singh and Devi Singh accused present with Abhey Singh accused. Abbey Singh was armed with a Ballam whereas his co-accused Ram Kumar, Ranjit Singh and Devi Singh were armed with lathi each. In the meantime, Bhim Singh, Karan Singh and Umrao Singh accused along-with Smt. Omkari wife of Bhim Singh and Smt. Shanti wife of Abhey Singh came to that place from their houses. Karan Singh accused was armed with a Ballam while the other persons named above were armed with lathi each. It is alleged that Ranjit Singh accused caught hold of VirPal in his grip and Abbey Singh accused gave a Ballam blow on his chest, as a result of which he fell down after covering a distance of about 15 paces. When his father Pohap Singh tried to rescue him, accused Ram Kumar gave a lathi blow on his head and another lathi blow on his left middle finger of the hand. Devi Singh accused gave a lathi blow on the left wrist of Pohap Singh and another lathi blow on the back side of his palm. On hearing the alaram raised by the abovesaid injured witness, Karambir and Ved Pal PWs. came to the spot. Karan Singh accused then gave a Ballam blow on the left side chest of Karambir PW under the nipple. Umrao Singh accused gave a lathi blow on the upper portion of the back of Karambir. When Hukam Singh tried to rescue the injured from the clutches of accused, Karan Singh accused gave a Ballam blow on his right hand which pierced through and through and another Ballam blow on his abdomen towards his right side. Bhim Singh accused gave a lathi blow on his right hand finger. As a result of these injuries, his right hand became permanently incapacitated. Devi Singh, Umrao Singh and Ranjit Singh accused caused some injuries to Ved Pal PW with their respective weapons. Bhim Singh and Ranjit Singh accused caused injuries to Rajbir PW with their weapons Ranjit Singh accused gave a lathi blow on the head of Umed Singh PW. It is a alleged that the complainant party also caused some injuries to accused Karan Singh, Devi Singh. Ranjit Singh and Ram Kumar accused and also to Smt. Omkari in their self defence. This occurrence was also witnessed by Niranjan Singh and Rohtas PWs. When the accused party bolted away with their respective weapons, Vir Pal, Pohap Singh, Hukam Singh, Karambir, Umed Singh, Ved Pal and Rajbir were removed to B.K. Hospital, Faridabad Vir Pal succumbed to his injuries on his way to the hospital. The injured persons were medico-legally examined by the doctors in the hospital. On receipt of intimation from the doctor, Sub Inspector Ishwar Singh, the then Incharge of Police Post, Sector 7, Faridabad, went to the hospital and recorded the statement Ex. PS of Pohap Singh at about 10.35 P.M. On the basis of that statement, formal FIR Ex. PS/2 was recorded at Police Station Central, Faridabad, at 10.55 P.M. Sub Inspector Ishwar Singh held inquest and sent the dead body of Vir Pal to the mortuary for autopsy. All the accused were arrested on 17-8-1985 and in pursuance of their disclosure statements, they got recovered their weapons from the specified places of concealment. After necessary investigation, the accused were challaned and committed.