IMPORTANT POINT
Concurrent findings of the trial court and the High Court based on proper appreciation of facts and evidence cannot be interfered with.
Acquittal of co-accused, that too giving him benefit of doubt, can be no ground for acquittal of main accused.

JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is filed by the accused against the final judgment and order dated 22.12.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 910-SB of 1998 which arose from the order of conviction and sentence dated 06.10.1998 and 07.10.1998 respectively passed by the Sessions Judge, Karnal in Sessions Case No. 37 of 1996/Session Trial No. 9 of 1997 convicting the accused persons under Section 304 Part II read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentencing them to undergo imprisonment for five years and to pay a fine of Rs.1000/-each. By impugned judgment, the High Court dismissed the appeal in respect of the present appellant–accused by upholding his conviction and sentence and allowed the appeal in respect of the co-accused by acquitting him of the charge.

2. Facts of the case need mention in brief to appreciate the issue involved in this appeal.

3. Harwant Singh/Harbans Singh, (PW-3)-first informant and the accused persons are related to each other. Kapoor Singh (since deceased), father of PW-3 was having three brothers, namely, Amar Singh, Gurnam Singh and Surinder Singh. The accused persons–Ajaib Singh and Jagtar Singh the appellant herein are sons of Gurnam Singh. Amar Singh and Gurnam Singh have expired. The family of these persons owned extensive agricultural land. The forefathers of the parties had, therefore, partitioned the agricultural land verbally amongst the family members and accordingly all sharers were cultivating their respective share.

4. In the year 1991, the appellant-accused and his brother raised a grievance to PW-3 that the land which was allotted to them was not of good quality. PW-3, acceded to their request and exchanged his land with the accused persons. The parties accordingly executed the exchange deed on a written document before the Panchayat in relation to exchange of lands. However, the girdawari in respect of the exchanged land remained unaltered and both the parties continued to cultivate their exchanged land. PW-3 then made improvements in the land which was in his possession by investing his money and labour. On finding that the land had been improved by PW-3, the appellant and his brother raised a demand to reverse the exchange. On noticing that this might lead to a dispute, PW-3 applied for correction of the girdawari entries in revenue records. The Tehsildar, Nilokheri on 31.07.1996, visited the spot to enable him to pass appropriate orders on adjudication of the application.

5. On 20.09.1996, when PW-3 went to the Court to attend the proceedings, his uncle Surinder Singh and Gurmeet Singh, son of Amar Singh also accompanied him. The Tehsildar passed the order in favour of PW-3. At about 5.15 p.m., when they were coming out of the office of the Tehsildar, the appellant and his brother came there and caught hold of PW-3 and said that the verdict of the revenue officer is wrong and, therefore, they would not allow him to enter the land in question. When Surinder Singh tried to intervene, Jagtar Singh, the appellant-accused herein caught hold of the beard of Surinder Singh and pulled him down on the ground and hit him on his head 2-3 times by hand. Due to injuries received, Surinder Singh became unconscious. PW-3 and his cousin-Gurmeet Singh then tried to catch hold of the accused persons but they managed to run away from the spot. Both of them then took Surinder Singh to the nearest hospital at Nilokheri but in midway, he died. Thereafter, PW-3 lodged an FIR bearing No.404 dated 20.09.1996 at P.S. Butana, Dist. Karnal under Section 302/341/34 IPC of the incident.

6. After investigation, on 07.10.1996, charge sheet against the accused persons, namely, Jagtar Singh-appellant (accused) herein and Ajaib Singh, was filed under Section 302/341/34 IPC.

7. By order dated 16.11.1996, the Judicial Magistrate-1st Class, Karnal committed the case for trial to the Sessions Judge, Kar