STATE OF PUNJAB Vs. SURJA RAM

JUDGEMENT

(1.) Surja Ram and his three sons Mohan Lal, Vinod Kumar and Pramod Kumar, all residents of village Puran Patti under the police station of Fazilka (Sadar), were placed on trial before the Sessions Judge, Ferozepore to answer charges under Section 302, read with Section 34, of the Indian Penal Code for the murders of Tulsa Ram, the elder brother of Surja Ram, and his son Brij Lal. On conclusion of the trial, the learned Judge acquitted all of them of the charge relating to the murder of Brij Lal and also acquitted Vinod Kumar and Pramod Kumar of the other charge but convicted Surja Ram and Mohan Lal and sentenced each of them to suffer imprisonment for life. Against their conviction and sentence, Surja Ram and Mohal Lal preferred an appeal which was allowed by the High Court. Assailing their acquittal these two appeals have been preferred; one by the State of Punjab (Criminal Appeal No. 448 of 1984) and the other (Criminal Appeal No. 346 of 1984) by Kamla Devi, daughter of the deceased Tulsa Ram. Both the appeals have been heard together and this judgment will dispose of them.

(2.) The case for the prosecution, briefly stated, is as under:Ishar Ram, father of Surja Ram and Tulsa Ram had divided his lands in three equal shares, one of which was given to Surja Ram (the respondent No. 1), another to Tulsa Ram (the deceased) and the third was retained by him. In terms of the said division, a field known as 'Diggiwala' fell in the share of Tulsa Ram and he used to sow Moongi crops thereon. Surja Ram, however, was demanding a share out of the Moongi crops from Tulsa Ram, but the latter told him that as he (Surja Ram) was already in possession of more land than that fell in his share, he should first give him (Tulsa Ram) a part of it before he could claim any share in the Moongi crops. This proposal was however not acceptable to Surja Ram.

(3.) On April 18, 1982 at or about 5 P.M. Tulsa Ram was sitting in an open space outside his house while his two sons Ram Gopal (PW-4) and Brij Lal (the deceased) were away to the field for raising crops. At that time Surja Ram accompanied by his three sons came there and started shouting that Tulsa Ram should be taught a lesson for not giving the share of Moongi crops. Surja Ram was carrying a spear, Mohan Lal a pistol, Vinod Kumar a Kirpan and Parmod Kumar a soti. Apprehending danger, Tulsa Ram got up and tried to rush into his house when Mohan Lal fired from the pistol hitting him on the back. As a result thereof Tulsa Ram fell down with his face upwards. Surja Ram then inflicted a blow, with the spear he was carrying, on the chest of Tulsa Ram. Immediately thereafter Tulsa Ram died. Kamla Devi (PW-2), daughter of Tulsa Ram, and Ram Swarup (PW-3) who were inside the house and had earlier come out on hearing the shouts raised by Surja Ram, cried out for help. All the four miscreants then ran towards the field shouting that they would not spare the sons of Tulsa Ram also. Kamla Devi and Ram Swarup then rushed towards the field where Brij Lal and Ram Gopal were working. Sighting the miscreants Ram Gopal fled away but Brij Lal could not succeed in his attempt as Mohan Lal fired three shots at him resulting in his instantaneous death. Finding Brij Lal dead, Kamla Devi came back home and sent Ram Swarup to inform her maternal uncles, who lived in a nearby village. After Ram Swarup returned with her maternal uncles Raja Ram (PW-12) and Kanshi Ram (PW-13), Kamla Devi left for the police station accompanied by Kanshi Ram. There she lodged a First Information Report (Ext. PJ) which was recorded by Sub-Inspector Bhagwan Singh (PW-18).