DAYA RAM AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Having failed to secure redress against their conviction under section 302 of the Indian Penal Code (for short hereinafter referred to as IPC/Code) read with Section 34 of the Code, and the sentence consequential thereto, from the High Court of Punjab and Haryana, at Chandigarh, the appellants seek the remedial intervention of this Court. By the impugned judgment and order dated 28.7.2010 rendered in Criminal Appeal No. 261-DB of 2003 and Criminal Revision Petitioner No. 1560 of 2003, the High Court has sustained the decision of the Additional Sessions Judge (Ad-hoc), Hissar passed in Sessions Case No. 120/SC on 06.02.2003, sentencing the appellants, following their conviction as above, to suffer imprisonment for life and to pay a fine of Rs.500/- each, in default, to undergo further rigorous imprisonment for six months. As alongwith the appellants, three others, namely, Devi Lal, Chander Singh and Vidyadhar alias Didaru were also tried but were acquitted, the Complainant / Informant Bajrang Bali being aggrieved had filed Criminal Revision Petition No. 1560 of 2003, which was dismissed. The High Court thus, in toto sustained the verdict of the learned trial court on both counts.

(2.) We have heard Mr. P. N. Kush, the learned counsel for the appellants and Mr. Arun Kumar, the learned counsel for the Respondent.

(3.) The prosecution case is traceable to the First Information Report (for short hereinafter referred to as FIR) recorded on 25.8.2001 at 12.15 PM, on the version made by the informant Bajrang Bali to the effect that on 23.8.2001, the aforenamed Devi Lal, Chander Singh, Vidyadhar alias Didaru and Daya Ram, sons of Sahi Ram, residents of the same village had abused his brother Ashok and had threatened to kill him. On being informed about this threat on the next day i.e. 24.8.2001, the informant had accompanied his brothers Rohtash and Ashok to their field at about 8.30/09.00 PM to look after the crops. According to the informant, as soon as they reached the field, Vidyadhar alias Didaru, Chander Singh, Daya Ram, Madan and Devi Lal sons of Sahi Ram and Hans Raj and Rohtash sons of Ami Lal all of the same village came out from behind the standing Bajara crop thereat, being armed with lathi, jailly and gandasa and unleashed a series of assaults on Rohtash and Ashok. The informant alleged that the assailants had hid themselves in the cover of the Bajara Crops and though he had accompanied his brothers, he was behind them by 10/12 paces. He stated that on seeing the attack, he concealed himself in the bushes nearby but in the moonlight he could recognise all the seven assailants. He mentioned that all the seven persons inflicted injuries on his brothers with their weapons whereupon the injured fell on the ground. According to the informant, Daya Ram thereafter fetched a cart (peter rehra) parked nearby and the assailants removed his brothers from the field. The informant stated that out of fear and alarm he kept himself in the hiding for the rest of the night and only at the break of dawn, he went back to the village and disclosed the above episode to his cousin-brother Sarwan and thereafter embarked on a search for the injured. He stated that after a thorough search, they could detect the dead bodies of Rohtash and Ashok lying in front of the door of the Dhani (small hutment adjacent to the agricultural field to enable the occupant to keep a vigil on the crops)of Sahi Ram, the father of the appellants, Daya Ram and Madan. The informant after waiting there in inconsolable anguish and pain, left the spot to inform the Police, by leaving Sarwan Kumar to be on guard. He met the SHO, PS Adamur at the bus stand at Darauli, and disclosed the whole incident. His statement was recorded by the said officer and after endorsing an observation that offences under Section 148/149/302/201 IPC had been committed, forwarded the report to the police station Adampur whereupon FIR No. 207 dated 20.8.2001 was registered. Investigation followed, in course whereof, the appellants alongwith Devi Lal, Chander Singh, Vidyadhar alias Didaru were arrested and acting on their statements of disclosure, their weapons of the alleged assault i.e. jailly, kulhari/Gandasa and lathis were recovered and seized. The Investigating Officer also visited the site, performed inquest over the dead bodies, prepared a report and despatched the bodies for post- mortem examination. He drew a site-plan, collected samples of blood-stained earth, seized amongst others a bucket, a chappal (Hawai) from near the dead body of the Rohtash and one pair of leather slippers from near the dead body of Ashok. The Investigating Officer prepared recovery memos and sealed the seized items. He also recorded the statement inter-alia of the informant, Bajrang Bali and others and eventually laid a chargesheet against all the seven persons under the above provisions of the Code. The matter was eventually committed to the Court of the Additional Sessions Judge (Ad-hoc), Hissar and charge under Section 302/201/148/149 IPC was framed against all the seven persons including the appellants, to which they pleaded "not guilty".