RAM SWARUP HARI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two appeals have been filed against the same judgment. Criminal Appeal No. 406 of 1990 has been filed on behalf of Ram Swarup. Pala Ram and Mela Ram; whereas Criminal Appeal No. 407 has been filed on behalf of Hari Ram, Brijlal and Prem. All the six accused persons had been put on trial for causing the death of Biru Ram and injuries on Ranjit Ram (PW 4, Dharampal (PW 5, Ajmer Singh (PW 10, Joginder Singh (PW 11, Smt. Phoola Devi and others. The appellant Prem, is alleged to have given gandasi blows on the head of Biru Ram, which proved fatal. So far the other five appellants are concerned, there is no allegation that they caused any injury on the person of Biru Ram (deceased).

(2.) It is an admitted position that Biru Ram (deceased) and the appellant Mela Ram were brothers. The prosecution witnesses Ranjit Ram, Dharampal, Ajmer Singh and Joginder Singh are the sons of Biru Ram (deceased). Smt. Phoola Devi is the widow of Biru Ram (deceased). Ram Avtar, who was also injured in the occurrence, is the son of Ranjit Ram and as such grandson of Biru Ram (deceased). On the side of the accused persons, Prem Chand, Brijlal and Hari Ram are the sons of Mela Ram. Only the remaining two persons, Ram Swarup and Pala Ram are not related to Mela Ram.

(3.) It appears that there was a dispute between Biru Ram (deceased) and his sons on the one side and accused Mela Ram and his sons on the other side, in connection with a wall, which had been constructed by the appellant Hari Ram in the house. The appellant Hari Ram had filed a suit and an order had been passed restraining the prosecution party from demolishing the wall aforesaid and from interfering with the possession of the courtyard.