RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SOMEONE broke open the lock of the Bara of Sadhu Ram in village Rajound tehsil Jind of Haryana State on Holiday viz. 15th Match, 1987. Dai Ram and Shiv Kumar two sons of Sadhu Ram living in the village named Ram Kumar son of Punu Brahmin of the village as suspect. Sons of Punu Ram Brahmin named Ram Kumar and Dharma were thus dead set against Dai Ram and his other three brothers named Mai Ram Lakhi Ram and Shiv Kumar on this score.

(2.) ON 20th March, 1987 around 8 00 P.M. taking their first cousins in Sat Narain, Shiv Kumar and Om Parkash, all the three sons of Harkesh, both sons of Punu Ram named Ram Kumar and Dharma came to the house of Dai Ram son of Sadhu Ram and started abusing him. After coming out from the inside of his house Dai Ram asked them the reason for their doing so. The assailants plainly told him that they had come there to teach him a lesson for naming Ram Kumar as suspect for breaking open the lock of their Bara. At the relevant time Dharma was armed with a gandasi while the remaining four accused carried a lathi each. Ram Kumar gave a lathi blow on the head of Dai Ram and Shiv Kumar gave him a lathi blow on his right arm. Sat Narain also gave a lathi blow on the head of Raksha Devi wife of Dai Ram, who came forward to save her husband. Dharma gave a gandasi blow on the head of Lakhi Ram and Om Parkash gave another lathi blow on his head. Initially the injured were taken to the Primary Health Centre, Rajound. Lakhi was, however, referred to Civil Hospital, Jind, but breathed his last on the way from Primary Health Centre aforesaid to the Civil Hospital Jind.

(3.) VIDE its impugned judgment dated 20th February, 1988 learned trial court convicted accused Dharma and Om Parkash of the commission of Offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life for it. Remaining three accused Ram Kumar, Shiv Kumar and Sat Narain were convicted of the commission of offence under Section 323 read with section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year each. Feeling aggrieved from the impugned judgment dated 20th February, 1988 of the learned trial court all the five convicted accused have jointly filed Criminal Appeal No. 123-DB of 1988 in this Court.