RAM PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Inside General Hospital, Gurgaon author of First Information Report No. 189 recorded in Police Station City, Gurgaon, at 7.25 on February 10, 1989, P.W. 5 Umesh Kumar stated to S.I. Sish Ram: I am a resident of the above mentioned address. Today I along with my elder brother Naresh, Ram Bhagat s/c Risal Singh, Ram Phal sb Dhan, Jat by case r/ o Shahbad had tome in the marriage of the son of Bhim Singh Kumhar r/o Shahbad at about one Oclock to Jaikampura Gurgaon at the house of Budh Ram Kumhar. The marriage party had stayed at Kumhar Dharamshala. A few persons of the marriage party had gone to attend the phere ceremony. And we four persons along with other members of the marriage party were coming back to Dharamshala after having got meals. At about 5.45 P.M. as we reached in front of the Dharamshala, Ram Parshad Kumhar who works as a Plumber holding a broken bottle in his hand, Lacch-man Kumhar who works as a scooter repair of holding a rod in his hand and an other person whose name I do not know but can identify him on seeing holding an iron pipe in his hand came suddenly from the back side and hurled abuses and said that the members of the marriage party (Baraties) had created nuisance. Ram Parshad Kumhar r/o Jaikampura, Gurgaon after coming immediately gave a straight-thrust blow with the broken bottle on the neck of my brother Naresh and thereafter pulled it out and Lachhman Kumhar resident of Jaikampura hit with the iron rod which he was holding in his hand on the left side of my face under the eye and also hit with the rod on the dorsum of right hand of Ram Bhagat. The third man gave a rod blow to Ram Bhagat who warded off the same with his hand. Description of the third man was that he had whitish complexion, mediocre height strong build up and aged about 24/25 years. On hearing the noise, as several persons of the marriage party arrived there, the three of them fled away. Ram Bhagat, Ram Phal and I brought my brother Naresh to the hospital, Gurgaon, in a taxi bearing No. DL T 6275 which I had driven. In the hospital, after examining my brother Naresh, doctor declared him dead. We had no dispute or grudge with the aforesaid three persons, i.e. Ram Prasad Kumhar, Lacchman Kumhar r/o Jaikampur on the eve teasing with the girls by some one of the marriage party, they got enraged, opened an attack and caused injuries to us.

(2.) On being charged with the commission of offences under sections 302/34, 325/34 and 323/ 34 of the Indian Penal Code, all the three accused in Ram Parshad, Laxman and Sarup Chand pleaded not guiltyT thereto and claimed to be tried. Vide its impugned judgment dated April 18, 1990 and the sentence order dated April 19, 1990, learned trial Court acquitted Sarup Chand accused by giving him the benefit of doubt and convicted the remaining two accused or the commission of offences under sections 324/34 and 323134 of the Indian Penal Code. Principal accused Ram Parshad was convicted for the commission of offence under section 302 of the Indian Penal Code and his co-accused Laxman of the commission of the offence under section 302 read with section 34 of the Indian Penal Code. For the conviction under sections 302 and 302/34 of the Indian Penal Code each one of the two accused was individually awarded imprisonment for life and fined Rs. 250/-. In default of payment of fine each one of the two accused was ordered to undergo individually rigorous imprisonment for a further period of two months. In respect of conviction under section 325/34 of the Indian Penal Code each one of the two accused was awarded rigorous imprisonment for one year and to pay Rs.100/- as fine and in respect of conviction under section 323/34 of the Indian Penal Code each one of the two accused was awarded rigorous imprisonment for six months. All the three sub-tentative sentences of imprisonment awarded to each of the two accused were, however, ordered to run concurrently. Feeling aggrieved there from, both the convicted accused have jointly filed Criminal Appeal No. 148-DB of 1990 in this Court.

(3.) We have heard Shri R.S. Cheema, Senior Advocate, with Shri A.S. Virk, Advocate for Appellant No. 1. Shri R.S. Sihota, Advocate for Appellant No.2 and Shri J.C. Sethi, Additional AdvocateGeneral, Haryana with Shri D.R. Trikha, Deputy Advocate-General, Haryana for the State and carefully perused the relevant material on record.