Gurjit Singh @ Gora & Anr vs State Of Haryana

After the closure of the prosecution evidence, statements of the accused were recorded under Section 313 Cr.P.C., in which they denied the allegations and pleaded false implication. The accused examined Kuldeep Kaur (DW1) and Dr. Bhushan Garg (DW2) in their defence.

6. The two parties are related by blood. Gurdial Singh and Mukhtiar Singh, are sons of one Miyan Singh. Mukhtiar Singh is father of deceased Jagsir Singh. The two brothers were owners in possession of 2/3 share of total land measuring 157 Kanals and 19 Marlas situated in the revenue estate of village Ganga, Tehsil Dabwali, District Sirsa. The sons of Mukhtiar Singh i.e. the complainant party, believed that their uncle Gurdial Singh and his sons i.e. the accused party, had encroached upon their land. They had therefore moved an application for demarcation of the property. The accused were not in agreement with the course adopted by the complainants. Therefore, they cornered the deceased Jagsir Singh in front of their house when he was on his way to the village market. The acquitted accused, Gurdial Singh and his wife Surjit Kaur had exhorted their sons i.e. Surjit and Gurjit, to commit the crime.

9. At this stage, it is apposite to notice that the injury is said to have been caused to Gurdial Singh by Jagsir Singh with a 'gandasi' (sharp- edged weapon). As per the First Information Report, the incident took place at about 2.15 pm. At around 6.55 pm, in the evening, Gurdial Singh went to the Primary Health Center at Odhan and got himself examined by the medical officer on duty there, namely, Dr. Bhushan Garg (DW2). The Doctor found:

19. The Trial Court has come up with an inference, which is different even from the defence version. We consider it appropriate to accept the Judgment of the High Court, which, after reading the entire evidence on this point, came to the correct conclusion that the two blows were caused by Gurjit Singh and Surjit Singh, who were both armed with 'kassis' and who had been exhorted to kill Jagsir Singh by their parents, Gurdial Singh and Sukhwinder Kaur.

21. For the aforesaid reasons, the appeal is dismissed. The order of conviction and sentence as recorded by the High Court is upheld and the order of acquittal passed by the Trial Court is set aside.

....................................................J. [JAGDISH SINGH KHEHAR] ...............................................J. [S.A. BOBDE] NEW DELHI, MARCH 10, 2015 ITEM NO.1A COURT NO.4 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 519/2010 GURJIT SINGH @ GORA & ANR. Appellant(s) VERSUS STATE OF HARYANA Respondent(s) [HEARD BY HON'BLE JAGDISH SINGH KHEHAR AND HON'BLE S.A. BOBDE, JJ.] Date : 10/03/2015 This appeal was called on for judgment today.

For Appellant(s) Dr. J. P. Dhanda,Adv.

For Respondent(s) Mr. Kamal Mohan Gupta,AOR(Not present) Hon'ble Mr. Justice S.A. Bobde pronounced the judgment of the Bench comprising Hon'ble Mr. Justice Jagdish Singh Khehar and His Lordship.

For the reasons recorded in the Reportable judgment, which is placed on the file, the appeal is dismissed. The order of conviction and sentence as recorded by the High Court is upheld and the order of acquittal passed by the Trial Court is set aside.