LAWS(DLH)-1984-4-33

JAGAT SINGH Vs. STATE

Decided On April 26, 1984
JAGAT SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) KEHIR along with the three sons, namely, Jagat Singh, Subh Ram and Suresh were sent up for trial on the charge of murdering Chand Ram and further causing grievous and simple injuries respectively, to Lal Chand and Sundho Devi wife of Chand Ram. Lal Chand is the brother of Chand Ram. The learned Additional Sessions Judge who tried the case found Jagat Singh and Subh Ram guilty of the offence of murdering Chand Ram and sentenced each or them to imprisonment for life, Kehri and Suresh were given benefit of doubt and acquitted of the charge of murder. Suresh, however; was found guilty of the offence of causing grievous injury to Lal Chand and sentenced to rigorous imprisonment for one and a quarter years and a fine of Rs. 250/- and in default of payment of fine to undergo rigorous imprisonment for a period of three months. The remaining accused were acquitted of the charges under Ss, 326 and 323 of the Penal Code. Two separate appeals have been preferred one by Jagat Singh and Subh Ram (Crl. Appeal No. 177 of 1983) and the second by Suresh (Criminal Appeal No. 175 of 1983). This judgment shall dispose of both the appeals.

(2.) THE accused party with their families, the, deceased Chand Ram with his wife and four children and Lal Chand resided in the same locality in village Shapur Garhi. The house of Lal Chand adjoined the house of his brother Chand Ram. The house of the accused is the third house from the house of Chand Ram. Adjoining the house of the accused is the house of Kewal (brother of Kehri).

(3.) ON next day in the morning at about 8 30 a.m. according to Sundho Devi all the accused armed with lathis came to their -home shouting that they would take revenge for the last evening's incident. Sundho bolted the door of her house from inside. All the accused went away. At about 10 a.m. Sundho Devi, her husband Chand Ram and Lal Chand left their house for the police station Narela to lodge a report. When they reached the bus-stop of the village, it is alleged, all the accused armed with lathis came and attacked Chand Ram, Lal Chand and Sundho Devi. Kehri gave two lathi blows, one on the head and the other at the back of Chand Ram Suresh gave lathi blows on the hand and the right shoulder of Sundho Devi. Kehri also gave two lathi blows-one on the head and the other on the back of Lal Chand The prosecution case further is that Subh Ram and Suresh caught Chand Ram and fell him on the ground. Jagat Singh sat on the chest and both Jagat Singh and Subh Ram twisted the neck of Chand Ram. Jagdish PW also happened to reach the spot and he raised alarm, on that it is said that the accused ran away. Lal Chand, Sundho and Jagdish took Chand Ram in a DTC bus to the Civil Dispensary at Narela, PW. 18 Dr. Nigam, incharge Primary Health Centre. Narela examined Chand Ram and he found him in a very poor condition and he advised that he should be taken to Hindu Rao Hospital for examination and treatment, Lal Chand arranged for a private car and was taking Chand Ram to the hospital but Chand Ram died in the way. Lal Chand brought Chand Ram in the car to the house. Jagdish informed the police of the occurrence on telephone. Ex. PX/Y is the translation of the report recorded in the daily diary. The report Ex. PX/Y was recorded at 11.55 a.m. The report does not mention the name of the informant but it is stated in the report that Kehri and his sons Suresh, Subh Ram and Jagat had beaten Chand Ram and his wife at the bus stand of Shahpur Garhi as a result of which the condition of Chand Ram is critical. The, investigation of the report was entrusted to Sub-Inspector Sube Singh who reached the house of Chand Ram. Chand Ram was found lying dead in the back scat of the car.