Man Singh and ors. vs State of Haryana

K.P.S. Sandhu, J. (oral)

Three appellants, namely Man Singh, his brother Gurbachan Singh and Shri Dharampal stand convicted and sentenced to R L for five years and to pay a fine of Rs. 200/ each in default R.I. for three months under section 307 I.P.C. and to R.I. for one year each under Section 332 I.P.C. while Man Singh appellant was further convicted and sentenced to R.I. for one year under Section 27 of the Arms Act by the learned Additional Sessions Judge, Jind vide his order dated 29.4.1983. Against their conviction and sentence the appellants have come tip in appeal to this Court.

The case of the prosecution inshort is that on 9.10.1982, Shri Subhash Chander Miglani, S.D.O, H.S.E.B. Narwana was on a round to check the theft or electricity. He was accompanied by Shri S. B. Panihar, Executive Engineer PW 11 and some other employees of the department. They mere going in a jeep No HRJ7214 for the purpose. At about 12.30 or 1.00 in the night when they reached near the transformer of one Jagir Singh, they found low tension line of an illegal connection going to the tubewell of Harbhajan Singh. At a distance of about three acres they found another similar illegal connection on that very line. Some people were, irrigating their fields. The staff members who were accompanying Subhash Chander PW3, cut off the transformer of the switch and thus removed the illegal connection After that they started towards Police Station Kalayat. At the sort they noticed Dharm pal appellant running towards the village abusing them. Subhash Chand PW 3 was sitting in front scat with the driver. When they had just covered a distance or about 11/2 kilometers, the three appellants were noticed coming from the village side. Two of them, namely Gurbachan Singh and Dharam pal were armed with Gandasis while Man Singh appellant was armed with his double barrel gun Man Singh appellant is alleged to have fired two shots from his gun hitting Subhash Chander PW 3 and. Bhalle Ram PW 10. At that time Subhash Chander PW 3 was wearing shirt Exhibit P3. Both tilt injured were removed to Civil Hospital Narwana where they were medically examined by Dr. Subhash Chander Gupta PW 1. At 2.40 A M. on 10.10.1982 he examined Subhash Chander PW 3 and found four injuries on his person At 3.10 A.M. the doctor examined Bhalle Raw PW 10 and found three injuries oil his preson. Dr. N. K. Dhawan, PW 2 radiogically examined Subhash Chander PW, but he did not fined any body injury. Subhash Chander Miglani PW 3 went to Police Post Datasinghwala where his statement Exhibit PH was recorded on the basis of which first information report Exhibit PH/2 was registered Police Station Kalayat on 10.10.1982 at 9.20 A.M.

Gurbachan Singh and Dharampal appellants were arrested on 15.10.1982 while Man Singh appellant surrendered in the Court on 13.10. 1982 and he was formally arrested He also surrendered his licensed gun in Court. After due investigation, the appellants were sent up for trial.

When examined under Section 313 Cr.P.C. the appellants denied the prosecution allegations and pleaded false implication on mere suspicion because their tubewells were working on that night. However, they did not lead any evidence in defence.

Apart from Dr. Subhash Chander Gupta PW 1 and Dr. N.K. Dhawan PW 2 whose evidence has been referred to in the earlier part of the judgment, the prosecution examined. Subhash Chander Miglani PW 3, S D. O., the injured and the first informant PW 10, Balle Ram is another injured eyewitnesss of the occurrence. PW 4 Arvind Gupta is the photographer who took photographs of the jeep which are Exhibits P5 and. P7, the negatives of which are Exhibits P5/A and P7/A. Kalu Ram PW 5 Patwari prepared the stite plan Exhibit PJ. HC Meri Ram PW 6. Thambu Ram constable PW 7,381 and HC Raghunanda PW 8 are the formal witnesses SI Chand Singh PW 9 prepared the report under Section 173 Cr. P C. PW 11 Shri S.B. Panihar, Executive Engineer, PW 12 Rani Niwas, A.L.M, PW 13 Prem Singh, Lineman, and PW 14 Kitab Singh A.L.M. are the other eyewitnesses of the occurrence. A.S.I. Mewa Singh PW 15 investigated the case.

The main question which is to be determined in this case is the identity, of the appellants. All the PWs except Subhash Chander Miglani PW 3 stated in no uncertain terms at the trial that they could not identify the assailants. Subhash Chander Miglani PW 3 when questioned, as to how did he name the assailants in the first information report, stated that after the attack the names of the assailants were supplied to him by the staff members.

Apparently, Subhash Chander Miglani PW 3 was not known to the appellants. Since he has stated in very clear terms that none of the appellants was known to him earlier. There is no evidence on the record to show that any identification parade was arranged for the identification of these three appellants. All the staff members of Subhash Chander Miglani''s raid party who appeared as PWs were positive in their statements during the trial that they could not identify the assailants. It appears that since the connections of tubewells of Man Singh and Gurbachan Singh appellants were disconnected so the names of these appellants have possibly been mentioned in the first information report out of suspicion. I am thus of the view that the case against the appellants does not stand proved beyond reasonable doubt. Consequently, they are given the benefit of doubt and acquitted of the charges, The lice need gun of Man Singh appellant and his licence would be returned to him.