SORAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will decided Criminal Appeal Nos. 668-DB of 1995, 115-DB of 1996 and 157-DB of 1996 as they have arisen out of common judgment dated November 2, 1995, and the order dated November 3, 1995, vide which all the four accused have been convicted under Sections 302, 324 and 323 read with Section 34, Indian Penal Code, by the learned Additional Sessions Judge, Ambala. Under Section 302, I.P.C. all of them have been sentenced to undergo imprisonment for life. Under Section 324, I.P.C., each one of them has been sentenced to undergo rigorous imprisonment for one year. For the offence punishable under Section 323, I.P.C. each one of them has been sentenced to undergo rigorous imprisonment of six months. All the sentences have been ordered to run concurrently.

(2.) The F.I.R. against the accused was registered on the statement of Puran Chand (P.W.8). According to him, on January 13, 1995. Ram Kumar son of Jeet had spread a rumour that Guddi wife of Hans Raj had come to him for borrowing Rs. 1,000/- for getting done the abortion of her daughter Santosh alias Toshi. Hans Raj was the brother of the complainant. This led to an altercation between the family of the complainant on the one side and the family of Jeet on the other. When Puran Chand returned home in the evening, his wife Sona Devi informed him about the false rumours being spread by Ram Kumar in the morning. At this the complainant called his brothers and decided that Jeet should be called and made to understand, otherwise there would be an altercation between the two families. The Jeet Ram was called at the house Jagdish and he was told that he should not talk indecently about any girl as the daughters are common to all. While Puran Chand was talking with Jeet Ram, Ram Kumar son of Jeet, Soran son of Parsa armed with Gandasis came in the street. Ram Kumar told his father that he should not plead with his folded hands before the complainant party as they were like frogs and could not cause any harm to them on hearing this, Soria Devi wife of Puran Chand complainant came out of the house and objected to the manner in which Ram Kumar was calling them frogs and rebuked him by saying that why he was calling them frogs. She is also alleged to have said as if Ram Kumar considered himself to be a bull. On hearing this, Ram Kumar gave a gandasi blow on he head of Soria Devi. In the meantime, Parsa son of Chhajju Ram armed with a Lathi and Roshan Lal son of Kullu armed with a Saria also reached there. Soran gave a gandasi blow on the head of Ajmer, brother of the complainant. Parsa accused gave a Lathi blow on the head of the Complainant Roshan Lal give a Saria blow on the head of Smt. Soria Devi, as a result of which she fell down and became unconscious and the Blood started oozing out from her head. The complainant party raised alarm 'Bachao' 'Bachao'. On hearing the alarm, Ram Singh son of Antu Ram, Mohinder Ram son of Inder Harijan reached the spot. On seeing them, the accursed party ran away from the spot with their respective weapons.

(3.) Ram Singh (P.W.7) took the complainant his brother Ajmer and his wife Smt. Sona Devi to the Community Health Centre, Mullana in a horse-cart for treatment. At the community Health Centre, the doctor declared Smt. Sona Devi dead and the manner in which Ram kumar was calling them frogs and rebuked him by saving that why he was calling them frogs. She is also alleged to have said as if Ram Kumar considered himself to be a bull. On hearing this, Ram Kumar gave a gandasi blow on the head of Sona Devi. In the meantime, Parsa son of Chhajju Ram, armed with a Lathi and Roshan Lal son of Kullu armed with a Saria also reached there. Soran gave a gandasi blow on the head of Ajmer, brother of the complainant, Parsa accused give a Lathi blow on the head of the complainant Roshan Lai gave a Saria blow on the head of Smt. Sona Devi, as a result of which she fell down and became unconscious and the blood started cozying out from her head. The complainant party raised alarm 'Bachao' 'Bachao' on hearing the alarm. Ram Singh son of Antu Ram, Mohinder Ram son of Inder Harijan reached the spot. On seeing them, the accused part ran away from the spot with their respective weapons.