SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SATBIR and Mange, residents of village Sanwar in District Bhiwani, have questioned the judgment of the learned Sessions Judge, Bhiwani. dated 3rd of December, 1983, by which they were convicted under section 302, read with section 34, Indian Penal Code, and each of them was sentenced to undergo imprisonment for life.

(2.) SUBSTANCE of the prosecution case is that the deceased, Krishan Lal, who was called as Baba in village Sanwar, was living in the house of Sunder Lal (PW 6) for the last many years. The latter and the deceased spent the night between 21st and 22nd February, 1983, at the tube-well of Sunder Lal. In the morning of 22nd February. 1983, the deceased left the tube-well at about 7 A. M saying that he was going to attend a court hearing. Sunder Lal (PW 6) later on proceeded to the village at about 8.30 A.M. and on the way he came across the deadbody of Krishan Lal near the fields of one Nand Lal. He went. to Police Post. Baund, to lodge the report and his statement (Exhibit PL) was recorded by A.S.I. Surjit Kumar (PW 11). On the basis of this statement, a formal First Information Report (Exhibit PL/2) was recorded at Police Station, Dadri. A.S.I. Surjit Kumar (PW 11) went to the place of occurrence and prepared the Inquest Report (Exhibit PJ). The investigation' was taken over by S.I. Raj Singh (PW 12) at about 3-50 P. M. He discovered that Manohar Lal (PW 1) and Sat Narain (PW 2) had witnessed the occurrence at about 9 A.M. on that day. The Sub Inspector recorded their statements at about 5 P M. According to the eyewitnesses, they had gone to the fields of Manohar Lal (PW 1) in the morning to take turn of water. At about 8 A.M. they saw the deceased. Krishan Lal. coming from the direction of the field of one Hukam Chand and lie was followed by the appellants At that time Satbir appellant was armed with a Jaily and Mange appellant was holding a lathi. The appellants shouted at the deceased saying that either he should withdraw the case of partition of land or they would kill him. Thereafter the appellants showered blows on the person of the deceased with their respective weapons. After the occurrence, Manohar Lal (PW 1), who is a school teacher, proceeded to his school to attend to his duties. Sat Narain (PW 2) went away to Dadri, where he had to, attend a hearing in the Court of the Sub Divisional Magistrate. They returned to the village at about 4 P. M. when they learnt that the deceased Krishan Lal, had succumbed to his injuries in the Morning and that the-police was investigating the case. On being called by the police, they gave their statements at about 5 P.M.

(3.) AT the trial the prosecution relied upon the medical evidence and the ocular testimony of Manohar Lal (PW 1) and Sat Narain (PW2).