MANGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 13.03.2004 rendered by the Additional Sessions Judge (Adhoc) Jhajjar in Sessions Case No.63 of 2001, whereby, the appellant Mange Ram, who was charged with and tried for offence punishable under Sections 148/149/323/452/302/307 of the Indian Penal Code and Section 27 of the Arms Act, has been convicted and sentenced to undergo Imprisonment for life and to pay a fine of Rs.5,000/-, in default of payment fine to undergo further rigorous imprisonment for 03 months, under Section 302 IPC. He was also sentenced to undergo Imprisonment for life and to pay fine of Rs.3,000/-, in default of payment of fine to undergo further rigorous imprisonment for 02 months, under Section 307 IPC. The sentences were ordered to run concurrently.

(2.) The other nine accused namely; Shiv Kumar, Rajesh, Kamlesh, Bimla, Munshi Ram, Jagdish, Ram Kishan, Chandro and Partap tried with the appellant were acquitted.

(3.) The case of the prosecution was initiated on the statement Ex.PB of one Krishan Kumar S/o Ram Chander, aged 22 years, r/o Chota Jhajpur recorded by ASI Umed Singh. Krishan Kumar stated that on 27.03.2001 Bimla Devi w/o Om Parkash had gone to the water tap of the village. At that place she picked up some quarrel with Satpal and Bhartu, brother and uncle respectively of the complainant. Om Parkash also arrived there. In the altercation Satpal and Bhartu sustained injuries. Om Parkash also sustained some injuries. All were admitted in Civil Hospital Jhajjar. On 01.04.2001 his father Ram Chander was going to Civil Hospital at about 10.00 a.m. with the meals of Satpal and Bhartu. When he reached at a place between Jahajpur and Orangpur, Mange Ram and his wife arrived in a Maruti car driven by a third person. They stopped the car near his father. Mange Ram got down from the car and pushed his father who fell down in the ditches on the road side and sustained injuries on his right hip. His mother Bharpai came to the field where the complainant and his brothers Preetpal and Vijay were working. She informed them about the occurrence. Then they all went to their house with their mother. In the meantime Ram Kumar r/o Bara Jahajpur brought his father to their house in a tractor trolley. His brothers Vijay Kumar and Preet Pal started giving massage to his father. The complainant went to the courtyard of the house for bringing glass of milk for his father. At that time he saw Munshi Ram and Subhash armed with a lathis, Ram Kishan armed with pharsa, Bimla wife of Mange Ram, Chandro wife of Munshi Ram and Kamlesh wife of Partap armed with lathies standing at the gate of their house. He saw that MangeRam, Partap and Jagdish armed with guns and Shiv Kumar and Bhola having pharsa in their hands were standing at the roof of their house on the outside. Out of fear the complainant entered a room in the house. His brothers Preet Pal and Vijay Kumar went to the roof of the house on the other side. Mange Ram fired a gun shot at Vijay Kumar who after receiving the gun shot jumped down from the roof. Partap fired at his mother who was standing at the door of the room. After sustaining the injuries she fell inside the room. Jagdish fired at Preet Pal who sustained injuries and fell down on the roof. Then Jagdish fired at the complainant but he took shelter behind the shutter of the room and managed to escaped unhurt. The shot hit the wall of the room. After hearing the gun shots many persons from of the village arrived there. All the accused ran away with their respective weapons. He went to his mother and found her dead. He found his brother Vijay Kumar lying dead in the street. Preet Pal was also lying near Vijay Kumar. He was unconscious. He arranged for a vehicle and sent his brother Preet Pal to Civil Hospital Jhajjar. The cause of the attack was the old grudge of the accused against the complainant party.