MOLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this appeal under Section 2A of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, appellants Molu, Hoshiara and Ishwar have been convicted under Sections 302/34, I.P.C. and have been sentenced to imprisonment for life and a fine of Rupees 1,000/- each. They have also been convicted under Sections 325/34, I.P.C. and sentenced to one year rigorous imprisonment, by the High Court by its order dated September 25, 1972 after reversing the order of the Additional Sessions Judge, Hissar acquitting all the accused.

(2.) The police had submitted a charge sheet against five persons, namely, Chandu, Mam Chand, Molu, Houshiara and Ishwar all of whom were acquitted by the Additional Sessions Judge, but the High Court, while reversing the judgment of the Additional Sessions Judge, maintained the acquittal of Chandu and Mam Chand who were brothers being the sons of Udmi. The appellant Molu is also the son of Udmi and Hoshiara and Ishwar are the sons of Mam Chand the acquitted accused. Put briefly, the prosecution case was that on December 28, 1969 P. W. Chhailu s/o Ram Nath deceased had come from his village to his father's house and had stayed for the night. In the morning at about 8. a. m. the deceased Banwari along with P.Ws. Ram Sarup and Suraj Bhan went out to ease themselves in the field which was situated at a distance of 40 Karams from the house of the deceased in village Dhani Chandrpul, police station, Hansi, in the District of Hissar. It was alleged that while they were in the process of easing themselves, all the five accused, variously armed with lathis, pharsis and gandasi, appeared on the scene and pounced upon Banwari causing him several injuries. The attack on deceased-Banwari is said to have been opened by Chandu who was armed with a Pharsi, and the others followed suit. On alarm being raised by Banwari and others, Banwari's father Ram Nath-deceased, his mother Chand kaur PW-7 and his wife Phuli PW-8 rushed to the scene of occurrence to protect the deceased Banwari. On arrival at the scene of occurrence they were also assaulted by the accused. Ram Nath was also beaten up by the accused persons with their respective weapons and by the time Chhailu PW-5 arrived at the spot the accused fled away. It is said that C. Ws. 1 and 2 Ram Kumar and Pat Ram had also come to the spot. Thereafter a tempo was requisitioned and the injured were first brought to the house and then taken to the Hospital at Hansi a mile away from the village. The injured persons reached the Hospital at 10 a. m. and Banwari was first to be examined by Dr. Jai Singh who found as many as eleven injuries, one of them being grievous. Banwari was then referred by the Doctor to the Civil Hospital at Hissar, but before he could be removed to the said Hospital he succumbed to the injuries at about 11.45 a.m. The police was informed of this incident by a Ruqa Ext. P.C. 3. The Doctor found thirteen injuries on the person of Ram Nath and he also expired on the same day. PW-8 Phuli and PW-7 Chand Kaur, the wives of Banwari and Ram Nath respectively, had also a number of injuries on their person. The First Information Report was lodged by PW-5 Chhailu s/o Ram Nath at 12.30 p.m. at police station, Hansi and the said FIR was dispatched to the Magistrate on December 29, 1969 at 8 a.m. The Sub-Inspector visited the spot at about 5.30 p.m. and after the usual investigation submitted charge-sheet against the five accused persons with the result indicated above.

(3.) The defence pleaded innocence and contended that they had been falsely implicated due to enmity and had absolutely no motive to commit the murder of the deceased persons. It was a very unfortunate case in which two persons have lost their lives on account of enmity which is said to have existed about eighteen years ago. It may be necessary at this stage to examine the nature of the injuries received by the two deceased persons. Dr. Tyagi who examined the deceased and conducted the post-mortem examination found the following injuries on the person of Ram Nath: