A.N. Jindal, J. - (1.) OUT of three accused, Gurnam Singh was acquitted, whereas his son accused -Appellant Sahab Singh @ Sahabu and one Sukhwant Singh alias Sukha Singh (hereinafter referred to as 'the accused') were convicted under Section 302 read with Section 34 IPC, by the learned Additional Sessions Judge -I, Kurukshetra, vide its judgment dated 16.3.1998.
(2.) THE facts necessary for the disposal of this appeal as emanating from the prosecution case are that, accused Sahab Singh and his father Gurnam Singh are the residents of village Salpani Kalan, whereas accused Sukhwant Singh alias Sukha Singh is the resident of Dera Adhoya, Police Station Pehowa, District Kurukshetra. On 28.10.1995, at about 5.00 PM, Sahab Singh along with Sukhwant Singh (whose name was ascertained by the complainant Naresh Kumar later on) had visited the shop of Sanjiv Kumar for purchase of Jarda on credit but Sanjiv Kumar refused to do so, resultantly the accused felt insulted; abused him and came back. In the evening at about 8.30 PM, when Naresh Kumar along with Sanjiv Kumar were going to their shop for sleeping as usual and reached near their shop, then Sahab Singh armed with knife accompanied by Sukhwant Singh alias Sukha Singh and Gurnam Singh empty handed came there. Sahab Singh told to teach Sanjiv Kumar a lesson for denying him to sell jarda on credit. Saying so, Sukhwant Singh alias Sukha caught hold of Sanjiv Kumar from behind, whereas Sahab Singh inflicted a knife blow in his abdomen. Resultantly, the intestine of Sanjiv Kumar came out. Gurnam Singh accused then exhorted that he be lifted and thrown into canal. Naresh Kumar complainant cried for help which attracted Jarnail Singh and Charanjit Singh, at this, the accused fled away along with knife. Thereafter, Naresh Kumar with the help of Baljinder Singh shifted the injured to the hospital in an unconscious condition.
(3.) ON the basis of the aforesaid statement made by the complainant Naresh Kumar before SI Chander Pal, which was completed at 2.00 AM on 29.10.1995, the FIR was registered at Police Station Jhansa, at 4.00 AM. The investigation commenced; inquest proceedings were conducted by SHO Chander Pal; took into possession the parcel of the clothes belonging to the deceased; recorded statements of the witnesses; prepared the rough site plan of the place of occurrence; arrested Sahab Singh and Sukhwant Singh on 31.10.1995; took into possession blood Crl. stained shirt; pyjama and knife got recovered from Sahab Singh on the basis of the disclosure statement. During investigation, accused Gurnam Singh having found innocent, therefore, was placed in column No. 2 whereas, challan against the Sahab Singh and Sukhwant Singh was presented in the Court.;