PHAMMI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants alongwith Raj Rani were tried by Additional Sessions Judge, Ropar, for offences under Sections 304/34 and 323/34 IPC. Vide judgment dated 2.2.1998 Raj Rani-accused was acquitted of the charges against her. The other three accused, who are now the appellants were convicted and sentenced as under:- Phammi Ram: convicted under Section 323 IPC and sentenced to undergo RI for a period of six months and to pay a fine of Rs.500/-. In default of payment of fine, he was sentenced to undergo further RI for two months.

(2.) Pargasho: convicted under Section 304 IPC and sentenced to undergo RI for a period of five years and to pay a fine of Rs.1000/-. In default of payment of fine, she was sentenced to undergo further RI for one year. Ram Pal: convicted under Section 324 IPC and sentenced to undergo RI for a period of one year and to pay a fine of Rs.700/-. In default of payment of fine, he was sentenced to undergo further RI for three months. The case was registered on the basis of a statement made by Thakru Ram-injured, who stated that on 30.5.1994 at about 4.00 p.m. he and his wife Brahmi Devi went to their fields situated at a distance of 300 yards from their house so as to dump dirty material there. His brother Jogu, who was a simpleton and lived with him, threw a stone at his other brother Phammi Ram's wife Pargasho. At this his said brother Phammi Ram, his wife Pargasho, his son Ram Pal and his son's wife Raj Rani started beating Jogu. Thakru Ram and his wife Brahmi Devi tried to rescue Jogu. Ram Pal gave a kulhari blow to his wife Brahmi Devi, which hit on the backside of her right thigh. Pargasho caught hold of his wife and after falling her down, gave brick bats on her chest and also caused invisible injuries. Raj Rani also hurled brick bats upon them. Phammi Ram, who was holding a bahi of the cot in his hand gave a blow with the same on the complainant's head and another blow on his left ankle. The complainant and his wife raised an alarm, which attracted his nephew Tosh and one Jagat Ram to the spot, who also saw the occurrence. Upon this, Phammi Ram and Ram Pal decamped from the spot while carrying their respective weapons. The complainant and his wife Smt.Brahmi Devi were removed to Canal Hospital, Nangal, where they were admitted. On the next day in the morning said Brahmi Devi, however, succumbed to her injuries.

(3.) According to the complainant, the cause of the occurrence was that his brother, sister-in-law and nephew often used to quarrel with his younger brother Jogu, who was a simpleton. Said Jogu was being helped by the complainant as they lived together. On that account, the complainant and his wife were caused injuries. On the basis of the statement of the complainant, formal FIR was registered at Police Station Nangal on 1.6.1994. The Investigating Officer then recorded the statements of the witnesses, inspected the spot and prepared the site plan. After completion of the investigation, the final report was submitted by the police on the basis of which all the accused were charged, as mentioned above. In support of its case, the prosecution examined nine witnesses. Dr.S.K.Gupta PW1, deposed about conducting of post mortem examination on the dead body of Brahmi Devi on 1.6.1994 and found the following injuries:-