GHANSHYAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the iudgment and order of Sri D. N. Sharma. the then III Additional District and Sessions Judge, Saharanpur, convicting the appellants Ghanshyam, Dhir Singh and Kehar Singh, Under Section 302/34. I. P. C, as well as Under Section 323/34, IPC and awarding them life imprisonment on the former count and six months' R. I. on the latter count, both the sentences running concurrently. One Mr. Hukum Singh also figured as an accused in the case, but he was given benefit of doubt and has been acquitted.

(2.) The case set up by the prosecution is that a dispute existed between Dhoom Singh (deceased) and the accused persons concerning land and Dhoom Singh had filed a suit, which was pending on the date of occurrencet and several reports were also lodged by Dhoom Singh against some of the accused persons. According to the prosecution. Dhoom Singh also preferred an application (Ext. Ka-1) on 166-1975 to the Superintendent of Police, Saharanpur, that he apprehended danger to his life and danger to his son's life from Ghanshyam, Hukum Singh and Dhir Singh, they being inimical to him. The prosecution maintained that the accused persons had animosity and bore grudge to Dhoom Singh. According to the prosecution, a day prior to the occurrence Dharam Pal (P.W. 2) and Chhuttan (related k> the appellants') tried to bring about a eompiomise between the deceased and the accused persons, but the talks did not succeed, and on the next day, i. e-, 21-6-1975 at about 5-30 A. M- Dhoom Singh Dharam Pal (P.W. 2) and Chhuttan, while on their wav to Pir Ka Maidan. outside the abadi of the village, were intercepted by Hukum Singh, who has been acquitted, armed with a Tabai and the three appellants armed with lathis and Ghanshayam observed that they would take revenge for the assault made on Kehar Singh and would kill Dhoom Singh, and all the four accused persons then started belabouring Dhoom Singh. Chhuttan ran towards the direction of the village. Dharam Pal (P.W. 2) intervened to rescue Dhoom Singh, but was given lathi blows by Ghanshyam appellant. A number of witnesses got attracted and saw the assault. After Dhoom Singh's fall on the ground, Dhir Singh gave further lathi blow on his head and Dhoom Singh then died at the spot. Dharam Pal also received injuries in that incident.

(3.) A report concerning the incident was lodged by Tiraspal (P.W. 1), son of Dhoom Singh (deceased), at police Station Deoband on the same day at 7-30 A- M., the distance of the place of the incident from the Police Station being five miles. Hukum Singh (P.W. 8), the then Head Moharrir of Police Station Deoband, recorded the first information report (Ext. Ka-10) and registered a case in the G. D. (Ext Ka-11). The case was investigated by Sri K. C Nirmal (P.W. 7), the second officer of police Station Deoband. He reached the olace of incident at 9 A. M- and found the dead body of Dhoom Singh in Peer Ka Maidan. He held inquest and prepared challan and diagram of the dead body, which have been duly proved, and the dead body of Dhoom Singh was then sent for postmortem duly sealed. The statement of complainant Tiraspal (P.W. 1), Dharam Pal (P.W. 2). Ram Pal (P.W. 3), Ved Prakash and some others were recorded. The site plan (Ext Ka-7) was prepared. Blood-stained earth and ordinary earth were taken into custody from place '6' of the site plan and duly sealed and a memo was prepared (Ext. Ka-8). Dharam Pal (P.W. 2) was sent to the Hospital for medical examination. The accused persons could not be found at their places. Their house was searched. Two blood-stained lathis are said to have been recovered from there vide memo Ext. Ka-9. On 22-6-1975 some more witnesses were interrogated Accused persons could not be arrested. The investigation was taken by Sub-Inspector, Sri M. K. Asthana (P.W. 9) on 23-6-1975, who interrogated some moie witnesses and continued the search for the accused persons. The accused persons surrendered in court on 24th and 25th June, 1975, and on 20th August, 1975, charge-sheet was submitted against them.