Document Fragment View

Matching Fragments

Mr. Rahul Rathore, Advocate with Mr. S.K. Chauhan, Advocate for Mr. R.M. Singh, Advocate for the complainant.

A.N. Jindal, J This judgment of mine shall dispose of two connected Appeals No.2-SB of 2000 filed by the accused-appellants against their conviction and Criminal Appeal No.659-SB of 2000 filed by the State for enhancement of sentence against Surinder Singh.

Three accused-appellants namely Surinder Singh, Tara Singh and Raghbir Singh were tried for the offence under Sections 304/325 read with Section 34 IPC. Consequently, vide judgment dated 20.12.1999 passed by the learned Additional Sessions Judge, Karnal, they were convicted and sentenced as under :-

Kundan Lal had been living with his second wife namely Krishna along with Isham Singh, Kala Ram, Kalvi and Suraj Bhan jointly and they were cultivating the entire land of Kundan Lal to which the accused were nursing a grudge for depriving them of their share in the land. On the intervening night of 15/16.11.1991, at about 9.00 p.m. after returning from work, Isham Singh told Kundan Lal that he was to go to bring his wife in the following morning from her parental house at Ladwa, therefore, he needed a new shirt which he had given for stitching to Sukhbir Singh. Consequently, he went to the house of Sukhbir Singh for the said purpose. After about 45 minutes, on hearing the cries from the side of the house of Sukhbir Singh, Kundan Lal and his wife Krishna went running and saw that Tara Chand and his son Surinder Singh armed with lathi and Raghbir Singh and Dharambir sons of Chandgi empty handed were fighting with Isham Singh; abusing them for usurping the whole land and depriving them of their share. At this, Tara Chand exhorted Surinder Singh "maar saley ko lathi, yeh zameen ka hissa nahin deta". At this, his wife Krishna, Sukhbir Singh and his wife Biro tried to intervene. However, Surinder Singh inflicted a lathi blow on the head of Isham Singh. Tara Chand gave one injury to Kundan Lal so also Raghbir Singh gave fist blows on his nose. Isham Singh fell down, whereupon, complainant Kundan Lal (herein Crl. Appeal No. 2-SB of 2000 & referred as 'the complainant'), his wife Krishna, Sukhbir Singh and Biro lay over Isham Singh in order to save him. The accused caused injuries to them also and left the place. Thereafter, the injured Isham Singh and Kundan Lal were shifted to hospital. The doctor sent ruqa pursuant to which SI Bansi Lal went to the Civil Hospital and moved application Ex.PH on 16.11.1991 at about 8.45 a.m. whereupon vide report Ex.PH/2, the doctor opined that Isham Singh was unfit to make statement. As such, at 9.00 a.m. SI Bansi (PW9) without wasting any further time, recorded statement of Kundan Lal Ex.PN/1, on the basis of which FIR Ex.PN/3 was recorded at Police Station, Batana on 16.11.1991 at about 11.15 a.m. which was completed at 11.45 a.m. Kundan Lal produced blood stained shirt Ex.P7, chadara Ex.P8 before SI Bansi Lal which was taken into possession vide memo Ex.PO.

Counter to the appeal filed by the accused, the State has also Crl. Appeal No. 2-SB of 2000 & filed an appeal for enhancement.

Arguments heard. Record perused.

There is no denying a fact that Kundan Lal had married twice, firstly with Giano and secondly with Krishna. Sufficient evidence has been led that Isham Singh deceased was born out of the womb of Krishna and loins of Kundan Lal. He was having matador and was living with Kundan Lal. It is also in evidence that Isham Singh and his other brothers from the second wife were deriving the fruits out of the land owned by Kundan Lal. There is no denying a fact that Surinder Singh accused is the grand son of Kundan Lal i.e. son of Tara Chand who is son of Kundan Lal from his first wife. Both, Kundan Lal (PW7) and Krishna (PW8) are consistent in their statements that on hearing cries when they went towards the house of Sukhbir Singh where Isham Singh had gone to collect his shirt, they saw that Tara Chand accused was exhorting to his son Surinder Singh that Isham Singh and his brothers were swallowing the entire produce of the land themselves and were not giving them anything, therefore, they should be killed. Both of them have consistently stated that Surinder Singh accused inflicted lathi blow on the head of Isham Singh which was declared to be dangerous to life by the doctor. Tara Chand had also inflicted a lathi blow on the head of Kundan Lal when he tried to intervene in the fight. In the meantime, Bhiro and Krishna also intervened but they also suffered injuries at the hands of Surinder Singh accused. Raghbir Singh also gave fist blows with force on the nose of Kundan. Suraj Bhan had also come there and thereafter the accused went away along with their respective weapons.

Intention is an important ingredient being a state of mind that can never be directly proved as a fact and this state of mind can be gathered from the surrounding circumstances and also from the conduct of the accused, such as, the type of weapon used, part of the body over which the injury was inflicted, number of injuries caused and the deliberation regarding the act committed. In the instant case, Surinder Singh inflicted lathi blow on the head of Isham Singh, Tara Chand accused inflicted lathi blow on the head of Kundan Lal, Raghbir Singh inflicted fist blow on the nose of Kundan Lal. Surinder Singh accused tried to inflict more lathi blows to Isham Singh but was saved by Biro and Krishna who lay over him and received injuries. The accused persons were armed with lathies and as such they could not be said to have the intention to kill Isham Singh.