BRIJ LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Brij Lal, along with three others, was tried by the court of Sessions, Sirsa, and convicted and sentenced for the offences punishable under Sections 302, 307 read with Section 34 IPC. The appellant challenged his conviction and sentence before the High Court of Punjab and Haryana at Chandigarh, and by order and judgment dated 16th September, 1999, the High Court confirmed the conviction and sentence of the appellant. The fact of the case, in short, are as follows.

(2.) On 7-10-1993 at about 8.30 AM, deceased Dharam Paul and his brothers Mani Ram, Ram Kishan and Om Prakash, were trying to dig a tubewell near the 'Dhani' of the appellant, for which they required a wooden log. Since it was not available there, they left that place in a tractor which was driven by Om Prakash. On their way, they saw the tractor of Brij Lal parked near his filed. While their tractor passed by the tractor of Brij Lal, the brothers of the appellant, Brij Lal, made an exhortation to the effect that Dharam Paul and his brothers shall not be spared. The appellant was carrying a rifle. It is alleged that he fired a shot at Dharam Paul which caused extensive injuries to his skull. Brij Lal then fired another shot which hit on the back of Ram Kishan. Brij Lal also made an attempt to fire at Om Prakash, but the bullet hit the tractor. According to the prosecution, after the incident, the appellant and his brothers fled the scene immediately.

(3.) Dharam Paul succumbed to his injuries. The police conducted the investigation and seized the rifle of the appellant. PW-2, Dr. Mohar Singh conducted the post-mortem examination on the dead body of the deceased Dharam Paul and it was found that an oval shape lacerated wound of the size 1_.25 cm on the medial aspect of left eye brow, which was corresponding to entry wound, was present. These was extensive lacerated injury on the scalp in the area of left parietal bone. Except medulla oblongata, the brain matter was missing and left and right parietal bones were having multiple fractures. The doctor opined that the cause of death was due to coma as a result of brain injury.