CHANDRA RAM Vs. STATE

JUDGEMENT

(1.) APPELLANT Chandra Ram has been convicted and sentenced u/Sec. 307 IPO to undergo RI for 6 years, Dev Ram.his son Sohan Ram and Sohan Ram s/o Tika Ram, hereinafter called Sohan Ram II, have been convicted under section 307/34 IPC. Dev Ram has been sentenced to undergo RI for 6 months, whereas his son Sohan Ram and Sohan Ram II have been sentenced to undergo RI for one year.

(2.) THE case of the prosecution against the appellants was; On 5-10-1975 Dungar Ram (PW 4), s/o Moti Ram (PW 5) wanted to irrigate his field in his village Pataliya Kotabagh at about 6 A. M., that when he reached his field and wanted to irrigate, Dev Ram and his son Sohan Ram came up and began to irrigate their fields, that despite protest they did not desist, that exchange of words took place, that in the meantime Chandra Ram and Sohan Ram II appellants came up and began to give filthy abuses to Dungar Ram, that in the meantime Moti Ram, Narain Ram, Kirti Ram and Gusain Singh reached there, that Chandra Ram appellant took out a pistol from the pocket of 'his pant and fired towards Dungar Ram, who was injured thereby, that Moti Ram reached to intervene, that Chandra Ram fired at him also.

(3.) MOTI Ram was taken to Kotabagh dispensary by his another son and a nephew. He was admitted in the hospital Kotabagh. In the morning of 6-10-1975 at about 5.30 A. M. Chandra Ram appellant is said to have fired 3 shots towards him. One of the shots injured him. Balag Singh, Station Officer, Police Station Ram Nagar (PW 7) happened to reach the hospital. He heard sound of 3 shots. Then he immediately rushed and found Chandra Ram at the door of the general ward in which MOTI Ram was the only patient. He immediately caught hold of Chandra Ram and snatched pistol from the hand of Chandra Ram, He opened the pistol and found 5 fired cartridges and a live cartridge. Then he took personal search of Chandra Ram and recovered 2 fired cartridges from the right side pocket of his pant.