BHAJAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) BRAHMA Devi wife of Lakhan and daughter-in-law of Hari Ram author of the FIR had gone to the Government water tap in village Atali to bring water therefrom around 8.00 A.M. on 1-2-1987. Wife of Hari Singh accused, named Raj Wati was also there to get water from the same water tap. Both the ladies quarreled. Hari Singh, Lekhi and Bhajan Lal, all the three arrayed as accused, besides others, came to the help of Raj Wati and started hurling filthy abuses, on Brahma Devi. Data Ram, Hari Ram and Bhag Wati then came on the side of Brahma Devi and allegedly attempted to pacify both the quarrelling women. Lekhi then gave a lathi blow to Hari Ram which hit him on the head Bhajan Lal gave Hari Ram a lathi blow on the elbow. Data Ram was given a lathi blow by Bhajan Lal on the elbow. Hari Singh accused gave kicks, slaps and fist blows to Hari Ram. Daya Ram gave a brickbat blow on the head of Brahma Devi. Parkashi wife of Daya Ram accused and Raj Wati wife of Hari Singh accused also threw brickbats at Bhagwati which struck her on the head and blood oozed out of her mouth and nostrils as a result of it. Both the parties were then separated by Hari Ram and Manglu. Bhag Wati died of her head injury in Badshah Khan Hospital, Faridabad around 3.30 P.M. on 2-2-1987. Injuries sustained by the other victims at the hands of accused were given out in the expert medical evidence as simple, caused with a blunt weapon.

(2.) ON being charged with the commission of offences under sections 304, 323, 149 and 148 of the Indian Penal Code all the six accused pleaded not guilty and claimed to be tried. Vide its impugned judgment dated 28-10-1987, learned trial Court convicted all the six accused of the commission of offences under sections 304/149, 323/149 and section 148 of the Indian Penal Code and sentenced them to undergo individually imprisonment for life in regard to their conviction under section 304/149 of Indian Penal Code, rigorous imprisonment for three months each for their conviction under section 323/149 of Indian Penal Code and rigorous imprisonment for a period of six months each for their conviction under section 148 of the Indian Penal Code. All the three substantive sentences of imprisonment awarded to the six accused aforesaid were however, ordered to run concurrently.

(3.) WE have heard Shri I. N. Kaushal, Senior Advocate with Mr. Ashok Jindal, Advocate, for the appellants, Shri Ram Avtar Singh, Additional Advocate General, Haryana for the State and have carefully scrutinized the evidence on record.