RAMESHWAR Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted of an offence under Section 304 Part Ilindian Penal Code by Additional Sessions Judge New Delhi, vide her -judgment dated 29th May 1978 and vide her order dated 31st May, 1978, he has been sentenced to rigorous imprisonment for two years and a fine of Rs 2,000, in default of payment of fine he has been awarded further rigorous imprisonment for six months. However, in the event of the fine being realised, half of the amount has been directed to be paid to the legal heirs of Nathi, deceased. Feeling aggrieved the appellant has preferred this appeal against his conviction and sentence.

(2.) The appellant, Rameshwar, alongwith six others, namely, Rati Ram, Fateh Singh, Bhagirath, Chander, Ram Pal and Hem Raj, all residents of village Jharera within the jurisdiction of Police Station Delhi Cantt. were committed to stand trial for offences under Sections 148, 323 & 302 read with Section 149 Indian Penal Code for having caused death of Nathi deceased of the same village and having caused hurt to Ram Sarup, Budh Ram etc. on the evening of 21st April 1974, at the aforesaid village. The prosecution version as unfolded by Ram Sarup, PW2, succinctly is that on the fateful evening at about 8.30 P.M. when he, his deceased brother Nathi and Budh Ram, Public Witness , were sitting at the door-step of Nathi's house, all the above mentioned accused persons armed with lathis came there shouting and declaring that, "you came back home alive in the morning but we will finish you just now". Nathi deceased entreated them to refrain from mounting an attack on them i.e. Nathi etc. but in vain. All the accused then started belabouring them with lathis. Rameshwar, appellant inflicted a lathis blow on the head of the deceased, Fateh Singh dealt a blow to Ram Sarup and Bhagirath gave a blow to Budh Ram. The injured too retaliated by giving danda blows inasmuch as they had picked up dandas on hearing the shouts of the accused persons that they would not spare them that evening. A melee ensued between the combatants and injuries were sustained by members of both the parties. However, on receipt of head injury Nathi fell down unconscious. Udami, Rattan Lal and Ami Lal, Public Witness s were also attracted to tlie spot and witnessed the occurrence. The injured persons including Nathi, whose condition was serious, were removed to Safdarjang Hospital where nil of them were examined by Dr. I.S. Rao, Casualty Medical Officer, on the same evening between 9.00 to 11.00 P.M. Nathi was admitted to Emergency Surgical Ward for further examination and treatment but he succumbed to his injuries at 10.30 A.M. on 22nd April, 1974.

(3.) This incident is sought to be explained in the backdrop of another incident which had occurred on that very morning at about 11.00 or 11.15 A.M. in the fields of Nathi, deceased. As deposed by Ratti Ram s/o Nathi, deceased (Public Witness ! 5), he along-with his brother Shis Ram and his nephew Raj Pal (son of another brother of his) were present in their field at about 10/11 A.M. on that morning. Fateh Singh and Bhagirath accused alongwith Raj Paul, brother of Fateh and Bishambhar, a cousin of Fateh, however, let their cow into the field. When Ratti Ram and others tried to drive out the cow from the field as wheat sheaves were lying thereafter harvesting, all the above named four persons came there armed with lathis and they inflicted lathi blows on all three of them i.e. Ratti Ram, Shis Ram and Raj Paul and all of them sustained injuries. Someone informed the police and the flying squad van arrived there. So, they were removed to Safdarjang Hospital by the flying squad and were admitted to the hospital. However, Ratti Ram was discharged from the hospital at about 6.30 P.M. after his wound had been dressed and his broken arm had been put under plaster. This provides clue to the shouts of the accused persons viz. that, "you came back home alive in the morning but we will finish you just now".