PARBHU DAYAL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Amar Singh, aged 65 years, deceased and Ballu Ram purchased agricultural land measuring 67 Kanals from Sukhdev maniar, father of Parbhu Dayal appellant, in village Patharwa within the area of police station Satnali. The vendees were stated to be in possession of the land. Parbhu Dayal and his brothers did not feel happy and they filed a civil suit and the suit has been pending in the court and remained undecided as yet. On 26.7.1991, around 2.00 p.m., the five appellants, namely, Parbhu Dayal, Net Ram sons of Sukh Dev., Giani Ram, Mandroop son of Dharma, Bhalla Ram, Moni Ram already acquitted armed with Kulharis came to the piece of land and they raised a lalkara that the complainant side be done to death and be taught a lesson for having purchased the land. First of all Parbhu Dayal allegedly inflicted a Kulhari blow on the left shoulder of Amar Singh with its Sharp side which hit him on his left shoulder. Another Kulhari blow was given to Amar Singh by Giani Ram accused on his forehead; Mandroop again raised a lalkara to finish the enemy and gave a kulhari blow which hit on the left shoulder of Amar Singh. As a result of this injury Amar Singh fell on the ground and became unconscious. Om Parkash and Lok Ram came forward to rescue Amar Singh but Mania and Bhalla Ram appellants caused injuries to Lok Ram. Santro and her daughter caused injuries to Om Parkash PW. with their respective weapons i.e. Kulharis. When Yudhvir PV/.9 came to rescue Amar Singh, he was given a kulhari blow by Net Ram appellant. Shamsher Singh PW. 14 reached the place of occurrence to rescue his father though Amar Singh had already expired and the tractor already lying parked was also set on fire. The accused after causing injuries fled away from the spot along with their respective weapons.

(2.) Shamsher Singh PW.14 went to the Police Station and his statement before SI Narender Singh PW.16 and on its basis formal FIR Ex.PX was recorded at 4.20 P.M. The special report reached the Ilaqa Magistrate at 6.30 P.M. on 26.7.1991. Thereafter the said sub Inspector went to the place of occurrence. He prepared though site plan Ex.PBB of the scene of occurrence recorded the statements of the witnesses; prepared inquest report Ex.PQ/2; sent the dead body for post mortem vide application Ex.PQ/1 lifted blood stained earth from the spot and took the same into possession vide memo Ex.PN and also took into possession the tractor vide memo Ex.PO. On 27.7.1991 he recorded the statements Chattar Pal, Yudhvir and Om Parkash injured. One Rajinder whose name did not figure in the first information report was also injured and he also received injuries but he was not produced as a prosecution witness. On 2.8.1991, the said Sub Inspector arrested Parbhu Dayal, Smt. Santra and Smt. Sushila accused. In pursuance of their disclosure statements Exs. PT, PV and PU Parbhu Dayal, Smt. Santra Devi and Smt. Sushila got recovered kulharis Exs. PI, P2 and p3 which were taken into possession vide memos Ex.PT/1,PV/1 and PU/1 respectively. Net Ram and Giani Ram accused were arrested on 3.8.1991 and they were interrogated on 4.8.1991. In pursuance of their disclosure statements Ex.PC. and Ex.PB, Net Ram and Giani Ram accused got recovered kulharis Ex.P4 and P5 which were taken into possession vide memos Ex.PC/1 and Ex.PB/1 respectively.

(3.) Dr. Ravi Sudan Sharma PW. 12 conducted post mortem on the dead body of Amar Singh deceased on 27.7.1991 at 8.45 A.M. and found the following injuries:-