Criminal Appeal Nos. 1362, 826 and 830 of 2010. Case: 1. Dilawar Singh, 2. State of Haryana, 3. Chanda Singh Vs 1. State of Haryana, 2. Balkar Singh, 3. Ranbir Singh. Supreme Court

Case Number:Criminal Appeal Nos. 1362, 826 and 830 of 2010
Party Name:1. Dilawar Singh, 2. State of Haryana, 3. Chanda Singh Vs 1. State of Haryana, 2. Balkar Singh, 3. Ranbir Singh
Judges:T.S. Thakur and R. Banumathi, JJ.
Issue:Indian Penal Code (IPC) - Sections 34, 148, 149, 218, 302, 323, 342, 376(2), 504; Code of Criminal Procedure (CrPC) - Section 313; Constitution of India - Article 136
Judgement Date:September 16, 2014
Court:Supreme Court
 
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Judgment:

R. Banumathi, J.

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 Indian Penal Code read with Section 149 Indian Penal Code 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 Indian Penal Code 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 (A3) 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 Indian Penal Code read with Section 149 Indian Penal Code.

4. To bring home the guilt of the accused, prosecution has examined PWs 1 to 16 and placed reliance on documents and material objects. The accused were questioned Under Section 313 Code of Criminal Procedure about the incriminating evidence and circumstances and they denied all of them. Accused Ranbir Singh took a plea of alibi by stating that he is practising as an advocate at Kurukshetra and was not present at the spot on the date of occurrence. Gurdev Singh (A-2) also took the plea of alibi and stated that he was posted as a Naib Tehsildar and in connection with his official work had gone to village Sardhaheri on the date of occurrence. The accused examined DWs 1 to 6 as witness on their side.

5. Upon consideration of the evidence, the trial court convicted and sentenced Dilawar Singh (A-1), Yash Pal (A-3), Balkar Singh (A-4), Ranbir Singh (A-6), Shamsher Singh (A-7) and Charan Singh (A-8) Under Section 302 Indian Penal Code read with Section 149 Indian Penal Code and sentenced them to undergo life imprisonment and to pay a fine of Rs. 5,000/- each with default clause and also convicted them for the offence punishable Under Section 148 Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. The trial court acquitted Gurdev Singh (A-2), Ashok...

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