RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant, Ram Kumar, along with seven other co-accused was tried for the murder of deceased Balwant Singh at about 9.30 p.m. on the night of 30th September, 1982, at village Shamgarh near Nilokheri in the State of Punjab. Five co-accused were convicted under Section 302, read with Section 148, while the appellant was convicted under Section 302 of the Indian Penal Code and was sentenced to suffer life imprisonment. The appeal before the High Court failed and in the application for enhancement of sentence, filed by the complainant, the High Court imposed a fine of Rs. 25,000/-on the appellant. The rest of the co-accused were acquitted. The appellant having obtained special leave to appeal has preferred this criminal appeal.

(2.) We have heard learned counsel for the appellant as well as the learned counsel for the respondent-State in support of their respective stands. It must be stated at the out-set that there are concurrent findings of facts recorded by both the Courts below whereby it is found that the appellant was instrumental in giving pistol shot injury on the forehead of the deceased, Balwant Singh on that fateful night. For arriving at the said finding reliance was placed by both the Courts on the eye-witness account of prosecution witness No.4, Dalel Singh brother of the deceased who is said to be present with the deceased in the bara. Reliance is also placed on the evidence of P. W. 5, Mansa Ram, father of the deceased who was also sleeping nearby on his cot. In order to appreciate the grievance voiced on behalf of the appellant by his learned counsel, it is necessary to note a few background facts.

(3.) Balwant Singh, deceased was the younger brother of Dalel Singh P. W. 4. They had another brother Baldev Singh, who was youngest of them all. All three of them were married and used to live separately. Their father, Mansa Ram, P. W. 5 used to reside with Baldev Singh, the youngest son. Near the house of Dalel Singh P. W. 4, there was a vacant site of land which stood in the name of Mansa Ram, father of Dalel Singh P. W. 4. This bara was the bone of contention between the complainant side and the side of the accused. Mansa Ram, P. W. 5 claimed ownership and possession of this bara, while one Surta Ram, son of Chhaju Ram claimed ownership of the bara in himself. Appellant, Ram Kumar, is the son of Surta Ram. It is the case of prosecution that a litigation regarding this bara was pending in Court since years and the trail Court had decided the same in favour of Mansa Ram. Against the decision an appeal was pending in the High Court on behalf of Surta Ram, father of appellant - Ram Kumar. It is the further a case of the prosecution that pending this appeal, Ram Kumar on behalf of his father was insisting the complainant's side to vacate the bara. That two days prior to the incident, i.e. on 28-9-82, the appellant Ram Kumar and accused Shamsher Singh came to the bara, abused the complainant and asked them to vacant the bara. They again came on 29-9-82, previous day of the incident, abused them and asked them to vacate the bara. Because of these threats, the complainant-side convened a Panchayat meeting on the day of the incident, i. e. 30-9-82, and although the accused were summoned, they did not turn up in the Panchayat. The Panchayat dispersed after waiting for two hours and then followed the fateful incident on the night of that very day. As deposed to by complainant P. W. 4, before the trail Court at about 9.30 to 10 p.m., the complainant, deceased Balwant Singh and also their father, Mansa Ram were lying on their respective cots in front side of the bara. Mansa Ram was on his cot in the door of the bara. That at that time, a fiat car of cream colour arrived there and driver of the car brought it near the cots. Six persons alighted from the car. They included, amongst others, appellant Ram Kumar and co-accused Shamsher Singh and started abusing them, They wanted know why they had not vacated the bara although they had insisted for two days. When Balwant Singh was in the process of getting up, the accused, except Ram Kumar challenged that a lesson should be taught to the complainant for not vacating the bara. At that juncture the appellant, Ram Kumar fired a shot from his pistol which hit Balwant Singh. Balwant Singh fell down on the ground. The complainant and his father, Mansa Ram raised an alarm. By that time, the accused person bolted away in the said car.