Joginder Singh vs State Of Haryana

2. Filtering the unnecessary details the broad essential facts, as put forth by the prosecution, are that there was a dispute about the vacant plot of shamlat land where the complainant and his family members used to store their respective kurris (heap of rubbish). The said land was given to Guru Ravidass Mandir by the Gram Panchayat vide resolution dated 22.03.1989. Accused Joginder Singh and Mohinder Singh, both real brothers kept on asserting their ownership over the said land and were not prepared to surrender it. Both the accused were booked twice under sections 107 and 151 of CrPC relating to the said land. On 15.11.1991 about 4:00 pm., Joginder Singh parked his combine harvester on the disputed land which was objected to by deceased Kamla wife of Chander, Murti, wife of Dharambir, Bala, daughter of Sita Ram and other ladies present at that time. But Joginder Singh did not pay any heed to the objection raised by the women, and abused them. In the meantime Chander, Dharambir, PW-3, and Mithan Singh, PW-2, came outside and asked accused Joginder Singh not to park his combine harvester on the disputed land. At that juncture, Mohinder Singh and Anokh Singh, nephew of the accused, arrived at the scene and all of them started abusing the complainant and other women. The initial altercation took a violent turn and both the parties grappled with each other. During the fight accused persons ran away to their houses and returned with weapons. Joginder Singh came armed with a DBBL .12 bore gun while the other two accused did not bring any weapon. As the prosecution story proceeds, both of them raised a ‘lalkara’ in filthy language to kill the members of other side. Accused Joginder Singh fired two shots from his gun pellets of which hit in the chest of Kamla and Bala and also in the chest and mouth of Mithan Singh, PW-2. Accused Mohinder Singh snatched the gun from Joginder Singh and fired two shots that hit the back of Bimla and the stomach region and thigh of Murti. The injured persons fell down on the ground on receipt of gunshot injuries. After hearing the gunshot number of villagers came to the place of occurrence whereafter the accused persons took to their heels. Kamla succumbed to her injuries on the spot and her husband was asked to stay back to guard the dead body of his wife. Pritam Singh, PW-1, Karambir, Mamu Ram and others took the other injured persons in a vehicle to Civil Hospital, Kaithal. Pritam Singh went to Police Station to lodge the FIR and his statement was recorded by the Inspector of Police, Prem Chand, PW-16, and an FIR was registered at 8:30 pm.

3. After the criminal law was set in motion, the investigating agency commenced the investigation and in course of investigation, Prem Chand, PW-16, prepared the inquest report, got the site plan done, collected the blood-stained earth and the pellets lying at the spot, sent the dead body for the post mortem and forwarded the articles to the Forensic Science Laboratory for examination, arrested the accused persons, recovered DBBL .12 bore gun and live cartridges, recorded the statements of other witnesses and after completing all other formalities laid the charge sheet for the offences punishable under Sections 302 and 307 read with Section 34 IPC and Sections 25 and 27 of the Arms Act before the competent court which, in turn, committed the same to the Court of Session. The accused persons pleaded not guilty to the charges and claimed to be tried.

4. To substantiate the charges the prosecution examined as many as 16 witnesses. The main witnesses are Pritam Singh, PW-1, the complainant, Mithan Singh, PW-2, Dharambir, PW-3, the eye witnesses to the occurrence, Dr. B.B. Kakkar, PW-4, who examined the injured, Dr. A.K. Leel, PW-8, who had conducted the post-mortem and also had examined the other injured witnesses; Zile Singh, PW-11, Sarpanch of the Gram Panchayat and Inspector Prem Chand, PW-16, the investigating officer of the case. The prosecution had exhibited number of documents which included the report of the Chemical Examiner, Ex. P.TT and report of Serology, Ex. P.TT/1 and report of Ballistic Expert, Ex. P.UU.

5. The accused in their statements recorded under Section 313 CrPC denied the incriminating evidence appearing against them. They admitted that Joginder Singh and Mohinder Singh are real brothers and Anokh Singh is their sister’s son. Accused Joginder Singh took the plea that he had been using the land where the combine harvester was installed since long and the Harijan community wanted to forcibly occupy the said land. On the date of occurrence, people belonging to Harijan Community, both men and women, armed with fire- arms and other weapons came to his house and fired and he was compelled to hide himself in his house to save his life. Persons of Harijan community started firing indiscriminately at his house where he was hiding. In that process the injured and deceased received injuries. He did not use his gun at all nor was his gun taken by Mohinder Singh at any time. Accused Mohinder Singh and Anokh Singh took the plea that they had no concern with the land or with the combine harvester and they were not present at the spot.

8. Thereafter, the learned trial Judge, relying on the ballistic report, Ext. P.UU, opined that the .12 bore fired cartridges cases C1 to C4 were fired from a fire-arm but not from DBBB gun W/1, Ext 15, the weapon that was seized from the custody of the accused Joginder Singh. He also took note of the fact that the ballistic report though referred to the mutilated pellets that had hit the deceased, yet did not give any opinion. These findings were recorded to form an opinion that the members of Harijan community armed with weapons were present at the spot and the injuries inflicted upon the deceased occurred in a different way than the one projected by the prosecution. Being of this view he found that the prosecution had failed to establish its case beyond reasonable doubt against the main accused Joginder Singh and resultantly against the other accused persons also and, accordingly, acquitted all of them.

27. In view of the aforesaid analysis, the appeal is allowed, the judgment passed by the High Court is set aside and that of the learned trial Judge is restored. As the appellant is in custody, he be set at liberty forthwith unless his retention is required in connection with any other case.

October 24, 2013.