PUNJAB AND HARYANA HIGH COURT

                                                   Kesar Singh

                                                         Vs

                                                State of Haryana

                                                (Rajive Bhalla,J )

                                                   14.12.2005

                                                 JUDGEMENT

Rajive Bhalla,J

( 1. ) BY this judgment, two appeals, namely, Criminal Appeal Nos. 61-SB of 1993 (Kesar Singh
and another v. State of Haryana) and 185-SB of 1993 (State of Haryana v. Kesar Singh and
another) shall be disposed of. Criminal Appeal No. 51-SB of 1993 has been filed by Kesar Singh
and Pala Ram, impugning the judgment and order of Additional Sessions Judge, Ambala,
whereby they were convicted under Section 304 Part-I, read with Section 34 of the Indian Penal
Code. Kesar Singh was sentenced to 8 years rigorous imprisonment and a fine of Rs. 500/-, in
default whereof, he was directed to undergo a further rigorous imprisonment for a period of 2
months. Pala Ram was sentenced to undergo 5 years rigorous imprisonment and a fine of Rs.
500/-, in default, he was directed to undergo 2 months rigorous imprisonment. The sentences
were ordered to run concurrently. Criminal Appeal No. 185-SB of 1993 has been filed by the
State of Haryana, impugning the aforementioned judgment and order of acquitting the appellants
under Sections 302 read with Section 34 of the Indian Penal Code (for short the "IPC").

( 2. ) A factual narrative of the matter, in dispute, would be appropriate. Fir No. 80, dated
30.4.1988, under Section 302 read with Section 34 of the IPC, Police Station Panchkula, was
registered on the statement of PW1 Hardev Singh. In his statement before the Police, Hardev
Singh alleges that he lives at Dera Bassi, where he is posted as a teacher. On 24.4.1988, he and
Karam Chand came to village Budhanpur to meet his father Ujjagar Singh. A patch of Shamlat
land exists in front of their house, which land is in possession of Pala Ram, Kesar Singh, sons of
Kesar Singh and Binder alias Balwinder s/o Sadhu Ram and Mohna s/o Pala Ram Pala Ram etc.
were laying a foundation on the aforementioned (land) and Ujjagar Singh, the complainant's
father, asked them to leave a passage, while laying the foundation, whereupon, Pala Ram,
appellant No. 2 exhorted his co-accused to teach the old man a lesson, for otherwise he would
trouble them. On hearing this noise, the complainant alongwith Karam Chand came out of their
house and saw Kesar Singh inflicting a kassi (spade) blow, from its reverse side, on the head of
Ujjagar Singh. Ujjagar Singh fell down. The complainant and Karam Chand rushed him to the
Primary Health Centre, Panchkula, where the doctor conducted a medico-legal examination and
after providing first aid, referred him to General Hospital, Sector 16, Chandigarh. On 30.4.1988,
Ujjagar Singh's condition became serious and he was referred to Post Graduate Institute of
Medical Sciences and Research, Chandigarh, where he succumbed to his injury on 1.5.1988. The
matter was reported to the Police on 30.4.1988 at 6.00 p.m. leading to the lodging of the Fir,
aforementioned.

( 3. ) UPON completion of the investigation, the final report under Section 173 of the Code of
Criminal Procedure (for short the 'Cr.P.C.') was filed before the Illaqa Magistrate. The accused
were committed to the Court of Sessions. The accused were charged under Section 302 read with
Section 34 of the IPC, to which they pleaded not guilty and claimed trial. ;