DILAWAR SINGH Vs. STATE OF HARYANA
LAWS(SC)-2014-9-47
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on September 16,2014

DILAWAR SINGH Appellant
VERSUS
STATE OF HARYANA Respondents





Cited Judgements :-

SRI GOPAL SAHA AND 8 ORS. VS. STATE OF ASSAM [LAWS(GAU)-2020-2-152] [REFERRED TO]
STATE OF CHHATTISGARH VS. ANITA [LAWS(CHH)-2017-8-112] [REFERRED TO]
STATE OF CHHATTISGARH VS. POONAM BAI [LAWS(CHH)-2018-4-2] [REFERRED TO]
PRATAP VS. STATE OF U.P. [LAWS(ALL)-2017-7-243] [REFERRED TO]
STATE OF U.P. VS. RAVI SHAKYA [LAWS(ALL)-2020-1-250] [REFERRED TO]
STATE OF U.P VS. RUSTAM [LAWS(ALL)-2020-1-553] [REFERRED TO]
STATE OF U.P. VS. ANIL [LAWS(ALL)-2019-11-417] [REFERRED TO]
MANNA SINGH AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-1-6] [REFERRED TO]
GIRVAR AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-2-24] [REFERRED TO]
STATE OF UTTAR PRADESH VS. DAMODAR [LAWS(ALL)-2020-2-82] [REFERRED TO]
STATE OF GUJARAT VS. BHIKHA JOITARAM PATEL AND ORS. [LAWS(GJH)-2016-4-70] [REFERRED TO]
STATE OF GUJARAT VS. PITHA HAMEER AHER AND ORS. [LAWS(GJH)-2016-4-69] [REFERRED TO]
STATE OF GUJARAT VS. VAJSI PUNJA ODEDARA MER AND 4 [LAWS(GJH)-2015-10-357] [REFERRED TO]
GOVINDSINH BHAGUSINH ZALA VS. STATE OF GUJARAT [LAWS(GJH)-2015-9-154] [REFERRED]
STATE OF GUJARAT VS. KATHI KATHUBHAI VALSURBHAI [LAWS(GJH)-2016-4-57] [REFERRED TO]
STATE OF GUJARAT VS. KASAMBHAI ABDUKRAHIM MANIYAR (MUSALMAN) [LAWS(GJH)-2016-3-358] [REFERRED]
STATE OF GUJARAT VS. VAGHARI SURESHBHAI VASANTBHAI & 1 [LAWS(GJH)-2015-10-297] [REFERRED]
STATE OF GUJARAT VS. KOLI JAYANTI BANGA & 4 OTHERS [LAWS(GJH)-2016-2-293] [REFERRED TO]
STATE OF J&K VS. MUNI DEVI AND ANOTHER [LAWS(J&K)-2018-4-91] [REFERRED TO]
BABITA VS. STATE [LAWS(DLH)-2019-7-107] [REFERRED TO]
STATE OF U.P. VS. HARISH [LAWS(ALL)-2019-12-344] [REFERRED TO]
STATE OF U.P. VS. SANJIV KUMAR [LAWS(ALL)-2019-12-306] [REFERRED TO]
ARJUNSINGH @ SUNNY NAVALSINGH BAVERI VS. STATE OF GUJARAT [LAWS(GJH)-2015-9-237] [REFERRED]
STATE OF GUJARAT VS. BABLUSINH @ VIRENDRASINH SAMARJITSINH RAJPUT AND OTHERS [LAWS(GJH)-2015-9-145] [REFERRED TO]
STATE OF GUJARAT VS. ARUN GURUNATH DENGI [LAWS(GJH)-2018-3-118] [REFERRED TO]
STATE OF GUJARAT VS. DINESH RATNAJI MODIYA & 2 [LAWS(GJH)-2016-3-342] [REFERRED]
STATE OF GUJARAT VS. RAMANLAL BHIKHALAL JAYSWAL AND ORS. [LAWS(GJH)-2016-4-61] [REFERRED TO]
JAGDISHBHAI BATUKBHAI PARMAR VS. THE STATE OF GUJARAT [LAWS(GJH)-2016-2-196] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SHESH RAM [LAWS(HPH)-2015-2-13] [REFERRED TO]
GOPAL SAHA VS. STATE OF ASSAM [LAWS(GAU)-2020-2-183] [REFERRED TO]
STATE OF M.P VS. SHARAD GOSWAMI [LAWS(SC)-2021-4-68] [REFERRED TO]
GIRISH SINGH VS. STATE OF UTTARAKHAND [LAWS(SC)-2019-7-77] [REFERRED TO]
STATE OF UTTAR PRADESH VS. DURGESH RAJBHAR [LAWS(ALL)-2019-7-53] [REFERRED TO]
STATE OF U.P. VS. MOHSEEN [LAWS(ALL)-2019-12-187] [REFERRED TO]
STATE OF U.P. VS. KEHRI [LAWS(ALL)-2019-11-382] [REFERRED TO]
STATE OF U.P. VS. SALEEM JHANJHI [LAWS(ALL)-2019-12-290] [REFERRED TO]
STATE OF U.P. VS. JAMSHED [LAWS(ALL)-2019-11-376] [REFERRED TO]
STATE OF U.P. VS. SHAHID [LAWS(ALL)-2019-11-226] [REFERRED TO]
STATE OF U.P. VS. VIKKI @ ANAND [LAWS(ALL)-2024-8-24] [REFERRED TO]
KAILASH VS. STATE OF U.P. [LAWS(ALL)-2023-9-48] [REFERRED TO]
STATE OF GUJARAT VS. PATEL MAHENDRABHAI @ KACHCHHI HIRABHAI & 10 [LAWS(GJH)-2015-10-271] [REFERRED]
STATE OF GUJARAT VS. PRAVINBHAI ICHHARAM TAILOR & 3 [LAWS(GJH)-2015-10-254] [REFERRED]
STATE OF GUJARAT VS. SAGAR JERAM UKA & ANR. [LAWS(GJH)-2016-3-268] [REFERRED TO]
STATE OF GUJARAT VS. SONALBEN W O ASHWINBHAI GOVINDBHAI PARMAR & 3 ORS [LAWS(GJH)-2016-8-87] [REFERRED]
STATE OF GUJARAT VS. RAMESHBHAI @ KAVJI BADAJI KALASWA & 3 ORS [LAWS(GJH)-2016-3-367] [REFERRED]
STATE OF GUJARAT VS. MAHESHBHAI CHHAGANBHAI BARIA & 2 [LAWS(GJH)-2015-10-224] [REFERRED]
STATE OF GUJARAT VS. KANU ARJAN AHIR & 5 [LAWS(GJH)-2015-9-160] [REFERRED]
SANDEEP AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-3-29] [REFERRED TO]
STATE OF UTTAR PRADESH VS. KAMLESH [LAWS(ALL)-2020-1-361] [REFERRED TO]
STATE OF U.P. VS. NIRMALA DEVI [LAWS(ALL)-2019-11-423] [REFERRED TO]
STATE OF GUJARAT VS. GOGAN MANJI @ TAPUBHAI CHAKUBHAI VEDVA DEVIPUJAK [LAWS(GJH)-2015-10-268] [REFERRED]
STATE OF GUJARAT VS. MUKESHBHAI GAMANBHAI PATEL [LAWS(GJH)-2015-10-227] [REFERRED]
STATE OF GUJARAT VS. MAMADBHAI VALIBHAI SAMA SANDHI [LAWS(GJH)-2015-10-210] [REFERRED]
STATE OF GUJARAT VS. DURLABHGAR BHAVNAGAR & 2 [LAWS(GJH)-2015-8-168] [REFERRED]
STATE OF GUJARAT VS. RAMANSINH KHUMANSINH CHAVDA & 4 [LAWS(GJH)-2015-9-174] [REFERRED]
STATE OF GUJARAT VS. PATEL RAMA JIVRAJ [LAWS(GJH)-2016-3-22] [REFERRED TO]
STATE OF J&K VS. BHIM SINGH AND ANOTHER [LAWS(J&K)-2017-5-109] [REFERRED TO]
STATE OF GUJARAT VS. KOLI MANJI VIHAJI [LAWS(GJH)-2016-3-137] [REFERRED TO]
JAWANJI HARJIJI RAJPUT & 2 VS. STATE OF GUJARAT [LAWS(GJH)-2015-10-192] [REFERRED]
STATE OF GUJARAT VS. DEVKARANBHAI BHAVANBHAI PARMAR & OTHERS [LAWS(GJH)-2015-10-185] [REFERRED TO]
STATE OF GUJARAT VS. KANTILAL N GOHIL & 4 [LAWS(GJH)-2015-9-161] [REFERRED]
THE STATE OF GUJARAT VS. PRAVINSINH DHIRUBHA JADENA [LAWS(GJH)-2016-2-193] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MEHBOOB KHAN [LAWS(HPH)-2015-3-31] [REFERRED TO]
ROHTAS VS. STATE OF HARYANA [LAWS(SC)-2019-11-3] [REFERRED TO]
KISHANLAL & ANR VS. STATE OF M P [LAWS(MPH)-2017-8-117] [REFERRED TO]
THE STATE OF GUJARAT VS. JAGANNATH VAMAN DEVRE AND ORS. [LAWS(GJH)-2015-10-95] [REFERRED TO]
STATE OF GUJARAT VS. LAXMANBHAI @ LAKHAN SHANKARSINH RAGHUNATHSINH RAJPUT(THAKOR) [LAWS(GJH)-2015-8-188] [REFERRED]
STATE OF U.P. VS. SHYAM NARAIN SINGH @ MAKKAL SINGH [LAWS(ALL)-2020-1-184] [REFERRED TO]
CHANDI ALIAS DEVKINANDAN AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2018-3-457] [REFERRED TO]
STATE OF U.P. VS. CHANDRIKA PRASAD [LAWS(ALL)-2019-11-314] [REFERRED TO]
STATE BY RURAL POLICE, CHITRADURGA VS. SURESH S/O BASAVARAJAPPA [LAWS(KAR)-2018-3-410] [REFERRED TO]
STATE OF GUJARAT VS. NATHA MENAND [LAWS(GJH)-2016-2-152] [REFERRED TO]
STATE OF U. P. VS. PRATIBHA DUBEY [LAWS(ALL)-2021-8-29] [REFERRED TO]
MAHENDRA PRATAP SINGH VS. STATE OF U.P. [LAWS(ALL)-2021-11-121] [REFERRED TO]
STATE OF UTTAR PRADESH VS. MOHD. HARUN [LAWS(ALL)-2020-2-213] [REFERRED TO]
STATE OF UTTAR PRADESH VS. SUNITA [LAWS(ALL)-2020-1-351] [REFERRED TO]
STATE OF UTTAR PRADESH VS. RAM CHANDRA ALIAS CHHUTANKI [LAWS(ALL)-2020-1-310] [REFERRED TO]
STATE OF U.P. VS. RAJIV KUMAR SONKAR [LAWS(ALL)-2020-1-165] [REFERRED TO]
WASIM AHMAD VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2020-1-54] [REFERRED TO]
STATE OF UTTAR PRADESH VS. WARELAL [LAWS(ALL)-2020-1-47] [REFERRED TO]
STATE OF J&K VS. GULZAR AHMED BHAT AND OTHERS [LAWS(J&K)-2017-2-58] [REFERRED TO]
AMIT RAI @ PALTU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-5-38] [REFERRED TO]
STATE OF GUJARAT VS. RAMESHBHAI POPATBHAI CHAUHAN [LAWS(GJH)-2015-10-260] [REFERRED]
STATE OF GUJARAT VS. BAJARANG @ RAKESH @ RAMSHWARUP@ SAYACHAND YADAV [LAWS(GJH)-2015-9-185] [REFERRED]
STATE OF GUJARAT VS. PRAVINBHAI RAMABHAI MAHIRE [LAWS(GJH)-2015-9-170] [REFERRED]
STATE OF GUJARAT VS. BHARATBHAI CHHAGANBHAI AND ORS [LAWS(GJH)-2015-10-358] [REFERRED TO]
STATE OF GUJARAT VS. DIGUBHA KALUBHAI JADEJA [LAWS(GJH)-2016-4-30] [REFERRED TO]
SATENDRA KUMAR VS. STATE OF U.P. [LAWS(ALL)-2022-9-76] [REFERRED TO]
RAM SHREE VS. STATE OF U. P. [LAWS(ALL)-2021-10-139] [REFERRED TO]
STATE OF U.P. VS. PARVEEN [LAWS(ALL)-2019-11-386] [REFERRED TO]
STATE OF UTTAR PRADESH VS. PUSHPENDRA GANGWAR [LAWS(ALL)-2019-12-62] [REFERRED TO]
SRI NIWAS RAI AND OTHERS VS. STATE OF U P [LAWS(ALL)-2016-1-392] [REFERRED]
ANUPAM SENGUPTA VS. HONBLE HIGH COURT AT CALCUTTA AND OTHERS [LAWS(CAL)-2019-3-49] [REFERRED TO]
STATE OF C.G. VS. MURARI PRASAD GUPTA [LAWS(CHH)-2017-6-69] [REFERRED TO]
BADRI YADAV VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-1-17] [REFERRED TO]
NIWAS RAI AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-1-70] [REFERRED TO]
STATE OF U.P. VS. GOKUL [LAWS(ALL)-2019-11-409] [REFERRED TO]
STATE OF UTTAR PRADESH VS. BALISTER [LAWS(ALL)-2019-12-338] [REFERRED TO]
STATE OF U.P. VS. SURENDRA SINGH [LAWS(ALL)-2020-1-226] [REFERRED TO]
STATE OF UTTAR PRADESH VS. RANJEET VERMA [LAWS(ALL)-2020-1-211] [REFERRED TO]
STATE OF U.P. VS. SANJAY YADAV [LAWS(ALL)-2020-1-44] [REFERRED TO]
KISHANLAL VS. STATE OF M.P. [LAWS(MPH)-2017-8-11] [REFERRED TO]
STATE OF GUJARAT VS. AYUBKHAN RASIDKHKAN PATHAN [LAWS(GJH)-2016-3-351] [REFERRED]
BHAGABHAI DEYALBHAI VANKAR VS. STATE OF GUJARAT [LAWS(GJH)-2016-7-65] [REFERRED TO]
STATE OF GUJARAT VS. DILIP NANDKISHOR DHOBI [LAWS(GJH)-2015-9-155] [REFERRED]


JUDGEMENT

- (1.)Appellants Dilawar Singh (A-1), Yash Pal (A-3) and Shamsher Singh (A-7) in Criminal Appeal No.1362/2010 challenge the legality of their conviction for the offence punishable under Section 302 IPC read with Section 149 IPC and the sentence of life imprisonment and imposition of fine of Rs.5,000/- each and also challenge their conviction for the offence punishable under Section 148 IPC and sentence of imprisonment for two years. Being aggrieved by the acquittal of Balkar Singh (A-4), Ranbir Singh (A-6) and Charan Singh (A-8), State of Haryana and Chanda Singh father of the deceased Narinder Singh have preferred Criminal Appeal Nos. 826/2010 and 830/2010.
(2.)Briefly stated case of the prosecution is that deceased Narinder Singh was running a shop for the sale of fertilizers at the Ladwa Town and he was residing near Veterinary Hospital. On 22.8.1998 at about 8.45 p.m. Narinder Singh was driving his motor cycle and when he turned towards Babain Road, in Ladwa little ahead of the veterinary hospital, Dilawar Singh (A-1), Gurdev Singh (A-2) and Yash Pal (A-3) and other accused persons namely Balkar Singh (A-4), Ashok Kumar (A-5) Ranbir Singh (A-6), Shamsher Singh (A-7), Charan Singh (A-8) and Dalbir Singh(A-9) intercepted him. Dilawar Singh (A-1), Yash Pal (A-3) and Shamsher Singh (A- 7) gave blow on the head of deceased Narinder Singh with their respective cutter and Narinder Singh fell down along with his motor cycle and shouted Bachao Bachao. At that time Chanda Singh-father of the deceased along with his brother Hakam Singh came nearby in their car and saw the accused being attacked. Chanda Singh and Hakam Singh cried for help and shouted 'NA MARO NA MARO'. Gurdev Singh (A-2) and Charan Singh (A-8) caused sword blows on the left leg and right leg of Narinder Singh. Ranbir Singh (A-6) gave gandasi blow on the right hand of Narinder Singh whereas Balkar Singh (A-4) gave gandasi blow to Narinder Singh on his left arm. Two other assailants namely Ashok Kumar (A-5) and Dalbir Singh (A-9) attacked Narinder Singh with hockey sticks and caused injuries to Narinder Singh. In the meanwhile, Sham Singh (PW-7) also reached there and he too shouted at the accused not to kill Narinder Singh. All the accused fled away from the spot with their respective weapons in their motor cycles. Chanda Singh (PW-6), Hakam Singh and Sham Singh (PW-7) chased the assailants in their respective vehicles but they could not catch hold of them.
(3.)Further case of prosecution is that on 22.8.1998 at about 9.00 p.m. ASI Charan Dass (PW-11) who was on patrolling duty received message about an injured person lying near Veterinary Hospital, Ladwa and PW-11 and police party went to the scene of occurrence and shifted injured Narinder Singh to Community Health Centre, Ladwa where Dr. Ashwini Kumar (DW-1), Medical Officer of the Health Centre examined him and found him not fit to make statement. In the meanwhile, Chanda Singh and Hakam Singh reached the spot and found that injured Narinder Singh had already been shifted to the hospital by the police. Chanda Singh (PW-6) went to the Ladwa Hospital and Hakam Singh went to the village to inform the family members of Narinder Singh about the incident. When Chanda Singh reached Community Health Centre at Ladwa, injured Narinder Singh was, in the process of being referred to the Lok Nayak Jai Prakash Hospital, Kurukshetra as his condition was very serious. In the hospital at Kurukshetra, Dr. S.C.Grover (PW-1) examined the injured Narinder Singh and opined that Narinder Singh was unfit to make any statement. Since the condition of Narinder Singh was serious, he was immediately referred to PGI Chandigarh and Chanda Singh shifted injured Narinder Singh to PGI Chandigarh. Dr. Munish Kumar (PW-9) of PGI Chandigarh admitted Narinder Singh in the hospital on 23.8.1998 at about 2.30 a.m. and intimation was sent to the police post located near the hospital. On receipt of information from the hospital, ASI Karam Chand (PW-4) went to the hospital and on his application Dr. Kanya Rejangam (PW-8) opined that injured Narinder Singh was unfit to make statement. Injured Narinder Singh succumbed to injuries at about 5.30 a.m. on 23.8.1998 and death intimation was sent to the Police Post, PGI Chandigarh. On the same day Chanda Singh came back to Ladwa and went to the police station and lodged the complaint on the basis of which FIR was registered at Ladwa Police Station, ASI Charan Dass (PW- 11) went to PGI Chandigarh and conducted the inquest on the dead body of deceased Narinder Singh. In PGI, Dr. Surinder Singh (PW-10) conducted autopsy on the body of Narinder Singh and noted 18 incised injuries and other injuries all over the body of the deceased and issued the Post Mortem Certificate. Dr. Surinder Singh (PW-10) opined that the deceased died of cut injuries on the head and due to haemorrhage from multiple incised wounds. The accused surrendered before the court on various dates and on information of their surrender, Inspector Jagdish Ram (PW-12) took the accused to police custody and based on their confession the weapons and motor cycles were seized. After completion of investigation, the accused were charge sheeted under Section 302 IPC read with Section 149 IPC.


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