RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal under Section 379 of the Code of Criminal Procedure preferred by the appellant Ram Kumar challenging the judgment and order of the High Court of Punjab and Haryana passed in Criminal Appeal No. 418 -DBA of 1986 convicting the appellant under Section 302/34 for causing the murder of Mahinder and sentencing him to life imprisonment as well as under Section 307/34 for attempt to commit murder of Kamla, PW -3 and her son Rajinder, PW -4 sentencing him to undergo rigorous imprisonment for three years on each count directing all the sentences to run concurrently, after reversing the judgment and order of the Sessions Judge, Hissar in Sessions Trial No. 30/48 -A/1985 decided on 7.1.1986 whereby the appellant and the other three co -accused, namely, Nanu, Hazari and Santlal were acquitted.

(2.) THE complainant Smt. Kamla, PW -3 was wedded to Ram Kumar, son of co - accused Nanu Ram (since deceased) about 14 years before the occurrence. The father of Nanu Ram owned and possessed 76 killas of land which he had transferred in favour of his grandson Ram Kumar, the husband of Kamla. Ram Kumar executed a Will in respect of 50 killas of land in favour of his parents in equal shares, the co -accused Nanu being his father. The rest of 26 killas of land remained with Ram Kumar and on his death about four and a half years before the occurrence the said land came under the cultivation of his wife Smt. Kamla, the daughter -in -law of the co -accused Nanu Ram. During the life time of her husband Ram Kumar, Smt. Kamla started living separate from her in -laws alongwith her husband. She has two sons, namely, Dharambir and Rajinder, PW -4 and two daughters. Smt. Kamla was cultivating land with the help of labourers and used to go out for household work against the wishes of her father -in -law, Nanu Ram. Nanu Ram was a source of trouble to her and often created problems in her way in the cultivation of the land for which Kamla reported the matter to the Police as a result of which proceedings under Section 107/151 of the Code of Criminal Procedure were initiated against him and produce of land was given to Kamla. Thereafter the land had to be left uncultivated for one year. This according to the prosecution provided motive to commit the crime.

(3.) ON 23.12.83 Smt. Kamla, PW -3 hired a tractor of one Ram Prasad for ploughing her land and went to the land alongwith her two sons Dharambir aged 9 -1/2 years and Rajinder, PW -4 aged about 8 years. Deceased Om Prakash was working with her as a labourer who had also gone to the land alongwith them. The tractor was driven by the driver Mahinder. After ploughing 2 killas of land it started becoming dark and, therefore, the ploughing was stopped at about 7.00 p.m. While returning to the village Kamla alongwith her two sons named above sat on the left mud -guard of the tractor while Om Prakash was sitting on the right mud -guard of the tractor driven by Mahinder. When the tractor reached near the doul (boundary) of the land belonging to Kamla, she saw in tractor light the co -accused Nanu Ram (her father -in -law) and Santlal (who is the husband of daughter of Nanu Ram) armed with pistols and the appellant Ram Kumar (who is the brother of the wife of Nanu Ram) armed with gun. Nanu Ram raised a lalkara that he would teach her a lesson in getting the land cultivated with the help of other persons. Saying so Nanu Ram from a point blank distance fired a shot from his pistol at Om who fell down from the tractor and died. The driver Mahinder turned the tractor aside with speed towards the field of one Mukha Harijan and then brought it to a halt. Kamla, her two sons and the driver Mahender got down from the tractor and hid themselves in cotton crop standing in a nearby field. The accused Nanu Ram and Santlal as well as the appellant Ram Kumar fired three shots at them after they had gone into the hiding place but none of them was hurt. After a shortwhile they rushed towards the bus stand of the village Dhand to a distance of about 19 -20 killas and the accused Nanu Ram, Santlal and the appellant Ram Kumar chased them and again fired three shots at them. One bullet hit the left side of the back of chest of Kamla, PW -3 as a result of which she fell down. Mahinder was hit by a bullet as a result of which he also fell down in a pit on the road side. Rajinder, PW -4 the son of Kamla sustained a bullet injury on his left foot. After a shortwhile Kamla, PW -3 managed to get up and she alongwith her two sons went to a nearby house of one Chhabila where she took shelter during the night. Mahinder succumbed to his injuries on the spot.