RAMFAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 23.01.2002 rendered by learned Sessions Judge, Dehradun in Sessions Trial No. 125 of 1998 State Vs. Ramfal and Mohinder Singh (appellants). In the said judgment, learned Sessions Judge found both the appellants guilty for the offence under section 323 / 34 IPC and sentenced to pay fine of Rs. 2000/- each. In default of payment of fine, they have been ordered to undergo rigorous imprisonment for a period of three months.

(2.) Feeling aggrieved, the convicts have filed the present appeal. During the pendency of the appeal in this Court, one of the appellants - Mohinder Singh, died on 30.08.2007, this way, appeal stands abated against him. However, learned counsel, who was engaged on behalf of both the appellants, has submitted the arguments in favour of the appellants.

(3.) The incident relates to highhandedness, to the extent of barbarism, of a superior officer to his subordinate in Indo Tibetan Border Police Academy, Mussoorie, District Dehradun. The accused persons and injured Surat Ram were posted together. Surviving accused Ramfal was a Subedar Major (a non commissioned officer) while injured Surat Ram was an Instructor of Trainees (an Inspector rank official). On 14th or so, of October, 1997, Surat Ram was handed over a charge of Subordinate Officers' Mess, which was overall supervised by Subedar Major Ramfal. Although the charge was informally entrusted on 14th or 17th of October, 1997 but Surat Ram was taking all the things into accounts formally till 19.10.1997 afternoon and could not sign upon the requisite papers of taking charge. Feeling aggrieved, accused Ramfal, having his room at arm's length (8 10 steps), sent a message to Surat Ram to be in attendance in his room. Surat Ram defied that call because he was busy in tallying the accounts books and other related things, so in the evening accused Ramfal sent further message through Inspector Mohinder Singh. Surat Ram this time obeyed the command and went to the room of accused Ramfal along with Inspector Mohinder Singh with all the relevant papers of the Mess to which he was hitherto preparing. Surat Ram sat on the chair, placed in front of the room of Ramfal. After a short moment, he entered in the room of Ramfal, who questioned, as to why the charge list is not being signed. He was giving his explanation to accused Ramfal, meanwhile, Inspector Mahindra Singh took an iron rod from the attached bathroom and hit on the head of Surat Ram. By this blow of iron rod, darkness was engrossed in front of his eyes. He sat down on the earth. Accused Ramfal also gave a blow of iron rod, abusing him, but the same could be skipped from hitting his head and the same was slipped to hit the left hand of Surat Ram. Surat Ram raised the alarm, meanwhile, accused Ramfal pressed his both cheeks and Inspector Mohinder Singh thrusted the opened liquor bottle in the mouth of Surat Ram forcibly. After this, accused Ramfal and Mohinder Singh, both beat him brutally by iron rods / pipes, so as to make him unconscious at the spot and his body was thrown out of the room. Having heard the noise and commotion, the nearby sepoys came at the spot but none was the eyewitness of this barbaric beating at the hands of the accused persons.