LEELA RAM Vs. STATE

JUDGEMENT

(1.) The appelants in this appeal, Leela Ram and his parents, Chandi (his father) and Smt. Chanda (his mother) were convicted for an. offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. They were also directed to pay a fine of Rs. 500 each, in default of which each one of them was directed to further undergo rigorous imprisonment for six months. The charge against the three appellants was that in furtherance of common intention, they had at about 7.15 P.M. on 5th January. 1982 caused such injuries to Har Lal and Deepa, both residents of Harkesh Nagar, which resulted in their death. The occurrence iated to have taken place outside the house of the appellants which is also situate in Harkesh Nagar, a village near Okhla Industrial Estate Phase-II, within the jurisdiction of Police Station Kalkaji, New Delhi.

(2.) It appears that two of the appellants, i.e.. the parents of Leela Ram were also found injured after the said occurrence It is not clear as to on whose information, Chandi and his wife Smt. Chanda were removed to the Safdarjung Hospital. However, vide Ex. Public Witness 16/A, the M.L.C. in respect of Chandi, it is shown that he was admitted in the hospital at 10.15 P.M. with the alleged history of assault. It was found that he hail numerous injuries on his legs, arms and the scalp. In f both his legs and one of his arms were fractured. Smt. Chanda was examined in that very hospital on 6th January. 1982 at 5.45 A.M. vide Ex. DX. her M.L.C. This M.L.C. shews that she had. received one lacerated wound in the left parietal region of 40 cm X O.5 cm and another minor injury in the right scapule. legion. We are highlighting this aspect as in the First Information Report about the occurrence, there is no explanation of the injuries sustained by the appellant Chandi, although it was the admitted case of the prosecution before the trial court that those injuries had been inflicted on Chandi in the course of the occurrence. In their testimony, two out of the three eye witnesses do not say a word about the injuries sustained either by Chandi or by his wife Smt. Chanda. One of the witnesses, viz. Public Witness 2 Sis Ram Las tried to give some explanation, which on scrutiny seems to be against the record.

(3.) Public Witness 2, Sis Ram, who was related to both the deceased. i.e., Har Lal and Deepa, in his first statement recorded on 6th January, 1982 had not said anything about the assault on the accused. In his cross-examination, he admitted so, in so many words. He said :