NARAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Eight persons were tried for offences under Ss.148, 307 and 364 both read with Ss. 149 and 34, Penal Code, by the Additional Sessions Judge, Ferozepur. The learned Sessions Judge acquitted four of the accused, namely, Het Ram, Teja Ram, Manphul and Surja Ram as he did not think that their presence at the occurrence had been proved beyond reasonable doubt. He convicted the remaining four, namely, Narain, Jot Ram, Gheru and Jalu under Ss. 307 and 364 read with S. 34. He sentenced Narain, Jot Ram and Gheru to rigorous imprisonment for three years under S. 307 and two years under S. 364. He sentenced Jalu to two years' rigorous imprisonment under each section. On appeal by the convicted persons the High Court of Punjab maintained the convictions but reduced the sentences passed on Jot Ram and Gheru to one year's rigorous imprisonment and Jalu to the term of imprisonment already undergone. It maintained the sentence passed on Narain and dismissed his appeal. Narain, Jot Ram and Gheru have appealed to this Court from that judgment.

(2.) The prosecution case is that one Sultan was the proprietor of a field described in the proceedings as plot No. 97. Sahi Ram had been a tenant of the land. The land had not been cultivated in the year preceding the occurrence with which this case is concerned and the owner had thereupon resumed possession of it. On 14-6-1953, Mani Ram a son of the proprietor, arrived at the field on a tractor accompanied by a labourer, Moola Ram, with the object of ploughing it and found Sahi Ram actually ploughing. Mani Ram turned Sahi Ram out of the field Sahi Ram raised a protest but eventually left abandoning his plough on the field. Mani Ram then began to plough the field with his tractor. A little later the tractor developed mechanical trouble and Mani Ram stopped ploughing and started attending to it. While Mani Ram was so engaged, Sahi Ram arrived at the spot accompanied by seven persons, being the accused earlier named other than Narain, variously armed. Jalu had come on a horse. They fell upon Mani Ram and assaulted him. Moola Ram who ran to his rescue was also assaulted. Moola Ram then attempted to run away whereupon Sahi Ram and his party chased him. While Sahi Ram and his party had their attention on Moola Ram, Mani Ram got into his tractor and began to drive away from the field. At this point of time Narain arrived on a horse with a gun in his hand. He told the pursuers of Moola Ram to leave him as he was merely a hired man and pointed out that the real culprit Mani Ram was about to escape in the tractor. The party then turned round and pursued Mani Ram. Narain on his horse soon overtook Mani Ram and fired at him while he was still on the tractor in the driver's seat. Mani Ram fell down from the tractor which, being in motion, proceeded on its own and ran into a tree and stopped. Narain's horse fell against the cultivator of the tractor and was injured. Mani Ram picked himself up and staggered for shelter into the hut of one Mukh Ram, which was nearby. The pursuers then came up and Jot Ram fired a shot at Mani Ram inside the hut and so did Gheru. Mani Ram fell down in the hut. Mukh Ram threw himself on the body of Mani Ram to protect him. Gheru and Narain then said that they would burn the hut with Mani Ram inside it. Sahi Ram suggested that it would be better to carry Mani Ram to their house and there kill him and burn his body. Mukh Ram was then dragged away and Mani Ram's body was put on a horse and Jalu mounted it. The party then proceeded towards the village by a foot path with Mani Ram, who was then unconscious, as their captive. After they had gone some distance Raghbir, the younger brother of Mani Ram, having heard of the incident came to rescue Mani Ram. He met Jalu on the horse with Mani Ram and Sahi Ram walking close behind, the rest of the party being at some distance. Raghbir asked Jalu to put down Mani Ram on which Jalu threatened to kill, and Sahi Ram pointed his sela at Raghbir. Raghbir then shot at Sahi Ram with the pistol he was carrying and the latter fell own and died soon after, Jalu got off the horse and ran away. Before the others could arrive Raghbir carried Mani Ram to the house of one Birbal from where he was later taken to the hospital.

(3.) The defence was that the prosecution case was wholly false and the real facts were as follows:On the date of the occurrence Sahi Ram was ploughing the field when Mani Ram and Raghbir came there and tried to stop him. There was an altercation. Jot Ram and Gheru who were in a field nearby came up and advised Sahi Ram not to dispute over the matter with Mani Ram but have it decided by Panchayat. Sahi Ram, Jot Ram and Gheru then left the field and proceeded towards the village. While going Jot Ram noticed that Sahi Ram was carrying a pistol and took it away from him to prevent him from using it in his excitement. Mani Ram and Raghbir also went towards the village but by a different route. The parties again met at the village Shamlat. Raghbir abused Sahi Ram and fired a shot at him killing him outright. Jot Ram apprehending that he might also be shot at, fired the pistol which he had taken from Sahi Ram and might have injured Mani Ram. There were two unknown persons with Raghbir and Mani Ram at this time and they also used their fire arms. Mani Ram might have received injuries from these firings also. The accused denied that any of them except Jot Ram and Gheru were present at the incident.