RANBIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this appeal by special leave, five appellants have challenged their conviction under Ss 148 and 325/149, I.P C. and sentence of rigorous imprisonment for two years on each count with additional fine of Rs. 200/- each under Ss 325/149, I.P.C and in default of payment of fine further rigorous imprisonment for six months, upheld by a learned Single Judge of the Punjab and Haryana High Court on appeal from the judgment and order of the Sessions Judge, Ferozepur.

(2.) Originally, 13 persons including the five appellants were tried by the Sessions Judge, Ferozepur under Sections 148, 307/149 and 364, I. P.C. According to the broad features of the prosecution story, on August 11, 1963, Dharamvir P.W. 9 started from his village Ramsara for his land in the area of Azamgarh some time between 7 and 8.00 a. m He was driving a bullock cart and with him were his wife Nathi, P.W. 5. his brother's wife Ankori, P.W. 6, and a small girl Guddi as also one Chandu, in the said cart. Walking behind the cart was his brother Jaidev. P.W. 4. When they had covered a distance of about 11/2 miles from the village Ramsara and were near the land of Ranbir appellant, three jeeps overtook their cart from behind. One jeep stood in front of the cart and obstructed its passage:another jeep stood by the side of the cart towards the east and the third one was behind it. All the 13 accused persons armed with various weapons emerged from the three jeeps. We are not concerned with the other accused persons who are not before us. Ranbir appellant was stated to be carrying a spiked dang known as sela. Laxmi appellant was stated to be armed with a kulhari. Hanuman appellant was armed with a gun and the remaining appellants with lathis. Some of the accused persons pulled down Dharamvir from the cart. All of them started belabouring him with their respective weapons. Jaidev, brother of Dharamvir, intervened in order to save his brother, but he was also belaboured by Ranbir and Laxmi appellants along with another accused person, with their respective weapons. Shrimati Ankori, wife of Jaidev and Shrimati Nathi, wife of Dharamvir, who tried to protect their respective husbands against further injuries, were also belaboured by some of the accused persons. Tota Ram P. W. 7 and Hardwari P. W. 8 of Ramsara village also witnessed the occurrence. After causing injuries both to Dharamvir and Jaidev, the accused persons are stated to have lifted them both and put into one of the jeeps which was driven away towards the east. In the field of Ranbir, Jaswant appellant is stated to have wrapped a gunny bag round the knees of Dharamvir and Laxmi appellant to have placed a five seer iron weight under the knee. Ranbir appellant and Sahi Ram accused are then stated to have struck hammer blows on Dharamvir's knee. Thereafter, Jaidev was removed to a distance of about 20 karams from his brother Dharamvir and given similar injuries on his knee by Ranbir, Jaswant, Laxmi appellant and Sahi Ram accused. After causing them these injuries, Dharamvir and Jaidev were again put in one jeep with the object of cutting them into pieces and throwing them in the pucca canal. The three jeeps are then stated to have been driven away towards Abohar. It is said that the pucca canal lay ahead of Abohar towards Fazilka. On the way when the jeeps reached a katcha canal at a distance of about 11/2 miles from Abohar towards Ramsara, one of the jeeps returned to Ramsara, whereas the remaining two jeeps went ahead towards Abohar. When the jeeps containing Dharamvir and Jaidev reached near the police station Abohar, the two injured persons raised alarm. The occupants of the jeep thereupon dropped Dharamvir and Jaidev on the road side at a short distance from the police station and themselves drove back. Within a few minutes, A.S.I., Bhagat Singh and some other police men arrived from the police station. A.S.I., Bhagat Singh recorded Jaidev's statement which was sent to the police station and on the basis of that statement F.I.R. Exh. P. C. /2 was recorded. Jaidev and Dharamvir were removed to the civil hospital, Abohar. A short while thereafter, Smt Ankori and Smt. Nathi along with Guddi also reached the Civil Hospital, Abohar. The doctor in charge was, however, not available but the compounder gave first aid to the four injured persons, who were then taken to Fazilka Hospital where Dr. Parkash Kaur of the Civil Hospital advised Dharamvir's immediate removal to the Civil Hospital, Ferozepur. Smt. Ankori, Smt Nathi and Jaidev stayed on in the Civil Hospital, Fazilka, but Dharamvir was removed to Ferozepur.

(3.) The Sessions Judge on appraisal of the evidence led in the case and after examining all the relevant circumstances noticed the non-inclusion of the name of Moman accused in the F.I.R. and concluded that it was doubtful if Jaidev had merely forgotten to mention his name at that stage because, (i) Tota Ram P.W. 7 had also not supported the prosecution version with respect to Moman's participation, (ii) Hardwari Lal P. W. 8, Smt. Nathi PW 5 and Smt Ankori PW. 6 had also failed to identify Moman as one of the culprits, and (iii) Jaidev P W. 4 and Dharamvir. P.W. 9 had also not ascribed any particular injury to this accused. Moman was accordingly given benefit of doubt and acquitted of all the charges. The remaining 12 accused persons were, however, held guilty of the offences charged and convicted as already noticed.