BALWANT SINGH STATE OF HARYANA RAJ SINGH Vs. STATE OF HARYANA:MAHABIR:MAHABIR SINGH
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
BALWANT SINGH,STATE OF HARYANA,RAJ SINGH
STATE OF HARYANA,MAHABIR,MAHABIR SINGH
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Dr. ANAND, J. -
(1.)Balwant Singh along with his brothers Mahabir Singh and Lal Singh and his son Abhey Singh were challenged by the police for an occurrence which took place on 26-10-1980 at 3.45 p.m. at Heily Mandi in which Suraj Bhan was murdered. All the four accused were sent up for trial. The learned Sessions Judge, Gurgaon convicted Mahabir Singh for an offence under Section 302, IPC and Lal Singh, Balwant Singh and Abhey Singh for the offences under Section 302/34, IPC. Each of the accused was sentenced to suffer imprisonment for life. An appeal was filed by all the four convicts in the High Court of Punjab and Haryana. The High Court dismissed the appeal in so far as the conviction and sentence of Balwant Singh and Abhey Singh are concerned but giving benefit of the doubt acquitted Mahabir Singh and Lal Singh. Balwant Singh and Abhey Singh have filed an appeal on special leave being granted against their conviction and sentence. The State has filed an appeal against the acquittal of Mahabir Singh and Lal Singh. The complainant has also filed S.L.P. (Criminal) No. 342 of 1982 against the acquittal of Mahabir Singh and Lal Singh.
(2.)Since, both the appeals and the special leave petition arise out of the common judgment of the High Court of Punjab and Haryana, they are being dealt with and disposed of together.
(3.)According to the prosecution case, there was previous enmity and some litigation was also pending between Suraj Bhan, deceased and his sons on the one hand and Balwant Singh and his brothers on the other. On the date of occurrence i.e. 26-10-1980, it is alleged that at about 3.30/3.45 p.m., when Raj Singh PW 8 who was the Sambandhi of Suraj Bhan deceased, after taking their meals at the house of Jagdish PW at about 1.45 p.m. were proceeding on foot towards Pataudi, at a distance of about 4-5 Kms from Hailey Mandi, all of a sudden near the Jain Temple, Mahabir Singh accused armed with a Gandasi, Lal Singh accused armed with a Jailley, Abhey Singh and Balwant Singh accused armed with a lathi each, came running from behind and assaulted Suraj Bhan, deceased Mahabir Singh and Lal Singh inflicted injuries on the head of Suraj Bhan deceased with their respective weapons, on receipt of which he fell down and thereafter Balwant Singh and his son Abhey Singh accused gave numerous lathi blows on the person of Suraj Bhan. On an alarm being raised by Raj Singh PW 8, Jgmal Singh PW 10, who has his house at a distance of about 1 Km. from the place of occurrence and was going to Pataudi, was attracted to the scene. He rushed to the place of occurrence and also raised an alarm whereupon all the four accused sped away. Raj Singh PW 8 and Jagmal Singh PW 10 then removed Suraj Bhan in an injured condition to the Primary Health Center, Pataudi in a tonga. The doctor at the Primary Health Centre was on leave and, therfore, Ganesh Dutt Sharma Pharmacist, PW 3 sent a rukka Ex. PD to the police and advised Raj Singh PW 8 to remove the injured Suraj Bhan, who was in a serious condition to the General Hospital at Gurgaon. SI Sultan Singh PW 11, on receipt of rukka Ex. PD proceeded to the Primary Health Center, Pataudi and on reaching there he recorded the statement of Raj Singh PW 8, Ex. PK/1, which forms the basis of the first information report. Jagmal Singh PW 10 in the meanwhile arranged for a taxi and both he and Raj Singh PW 8 removed the deceased to General Hospital Gurgaon where Dr. S.R. Dhingra, PW 1 examined Suraj Bhan but declared him dead. The Doctor gave the intimation through rukka Ex. PA to police station City Gurgaon.
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