SADA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana, Chandigarh in Criminal Appeal No. 534-DB of 1996 dated February 8, 2005 whereby the High Court upheld the conviction and sentence passed by the Trial Court against the appellant herein who was found guilty of the offence punishable under Sections 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/-, for the offence punishable under Section 302 IPC, to undergo seven years imprisonment and a fine of Rs. 500/- for the offence punishable under Section 307 IPC and for the offence punishable under Section 27 of the Arms Act to undergo one year rigorous imprisonment.

(2.) The case of the prosecution is that an occurrence took place at about 6.00 P.M. on June 26, 1994. The appellant shot at his father and brothers as a result of which one of the brothers namely, Ram Dass succumbed to his injuries while his father Arjun Singh (PW-2) received serious gun shot injuries. The Appellant pleaded a right of private defence which has been disbelieved by both the Courts below.

(3.) We may only briefly notice the facts of the case. The appellant herein had six brothers including the deceased Ram Dass and Ram Avtar (PW-1). The appellant lived on the outskirts of the village while his father and brothers lived in the Abadi. Two of his brothers namely, the deceased Ram Dass and Satbir had also raised some minor construction adjoining the house of the appellant though they also lived in the village Abadi. On the date of occurrence Arjun Singh (PW-2, the father of the appellant and his two brothers had undertaken some earth work in front of their kothas adjoining the appellants property. It appears that on account of rain, the mud had come on the road near the house of the appellant. At about 6.00 P.M., Arjun Singh (PW-2) attempted to repair the earth work to which the appellant protested and an altercation followed between the father and the son which attracted to the place of occurrence his other sons including Ram Avtar (PW-1) as also the wife of the deceased Ram Dass. On seeing that they were coming towards him, the appellant is alleged to have pushed and dragged his father Arjun Singh into his courtyard. When Ram Avtar (PW-1) and Ram Dass (the deceased) came rushing to prevent any serious injury to their father, the appellant released his father in the courtyard and went inside his house. He picked up his 12 bore licensed single barrel gun and fired a shot from the window of the room. He had taken precaution of bolting the door to provide himself sufficient protection. The shot fired by him hit Ram Dass (the deceased) on his right side Chest and arm and some of the pellets caused injuries to the right arm of his father Arjun Singh (PW-2). Both the injured were put in a tractor and taken to the Bus Stand from where they left for General Hospital at Rewari. Ram Das succumbed to his injuries on the way, but Arjun Singh was removed to the Safdarjung Hospital at Delhi.