PALE RAM Vs. NCT OF DELHI

JUDGEMENT

(1.) The aforesaid three appeals shall stand disposed of by this common Judgment as the appellants have been convicted for the offences punishable under sections 147/148/304/324/323 read with section 149 IPC by Judgment dated 23.10.1999 and sentenced to undergo RI for a period of 10 years each for the main offence i.e. offence under section 304 IPC with fine of Rs.5000/- each in default to undergo three years RI each vide order dated 27.10.1999.

(2.) The appellants and the victims are close relatives. A trivial matter culminated into the death of the deceased Som Dutt. The house of the parties are adjacent to each other. Minor son of Shakuntla Devi crossed over to the roof of the house of appellant-Baleshwar while flying kite and in the process some dung-cakes were destroyed. This sparked off exchange of hot words and altercation between the parties. The matter was almost settled on that day itself. However, on the next day at about 8.15 P.M. the appellants along with co-accused persons duly armed with weapons and lathis attacked the injured and the deceased. Appellant Pale Ram was armed with knife while Suresh was armed with spear and others were armed with lathis and dandas. As many as three injuries were inflicted on the neck of deceased Som Dutt, one of which was given by appellant Pale Ram. Appellant Suresh also inflicted one injury with spear on the waist of Smt.Mam Kaur.

(3.) Deceased Som Dutt was taken to the hospital in injured condition. The Casualty Medical Officer found one incised wound on the left side of the neck 6 cm in length lying horizontally with profuse bleeding and it was three/four inches deep. Second incised wound was found on the left side of the face which too was bleeding and was 5 cm long and half inch deep. The third incised wound was found on the left forearm which was about 6 cm long and 1/4-1/3" deep. However, the Casual Medical Officer opined the nature of injuries as dangerous. The injured remained in hospital for about nine days almost unattended as there was strike of the doctors. Thereafter, he succumbed to injuries.