ISHWAR DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by four brothers Ishwar Dass, Lachhman Dass, Bhagwan Dass and Vinod Kumar sons of Hari Chand and it has been directed against the judgment and order dated 15.6.1998 passed by learned Sessions Judge, Ambala, who convicted the appellants under Section 302/34 and 323/34 IPC for committing the murder of Lal Chand and causing simple hurt to Asha Rani (PW-2), Roshan Lal (PW3) and Kishan Lal (PW4), and sentenced each one of them to life imprisonment and to pay a fine of Rs. 2,000/- each and in default of payment of fine each one of them was directed to undergo RI for a period of three months under Section 302/34 IPC. The appellants were further sentenced to undergo RI for a period of three months each under Section 323/34 IPC. The trial Court, however, ordered that all the sentences shall run concurrently.

(2.) THE appellants along with Smt. Wilson Devi daughter of Bhim Singh and Nanak Chand son of Daulat Ram faced charges under Sections 148, 302/149 and 323/149 IPC on the allegations that on 14.8.1997 in the area of village Tundla, falling within the jurisdiction of Police Station, Panjokhra, they were the members of an unlawful assembly and in prosecution of common object of the said unlawful assembly committed the offence of rioting when they were armed with iron Saria, knife, iron rod, hockey and lathis etc. i.e. deadly weapons, which were allegedly used for the commission of the crime. Secondly, it was alleged against them that on the same date, time and place and in prosecution of the common object of the unlawful assembly they intentionally committed the murder of Lal Chand, a young boy of 25 years, by causing him multiple injuries; and thirdly, that on the same date, time and place in prosecution of common object of the unlawful assembly caused hurt to Asha Rani, Roshan Lal and Kishan Lal PW2, and thereby committed the aforesaid offences.

(3.) STATEMENT Ex. PN made by Nanak Chand was read over and explained to him and he signed the same in token of correctness and it was also attested by SI Hari Singh. The Thanedar made endorsement Ex. PN/1 underneath the said statement at 3.30 a.m. on 15.8.1997 and sent the same to Police Station, Panjokhra for the registration of the case on the basis of which formal FIR was recorded at 4.30 a.m. vide DDR No. 32 dated 15.8.1997. It may also be mentioned here that the place of occurrence is at a distance of 5-1/2 kilometres from the Police Station. The special report of this case reached the Area Magistrate at 11.10 a.m. on 15.8.1997 and the distance of the Police Station and that of the seat of the Area Magistrate is also about 5 kilometres.