HARI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On the suspicion of Han Ram accused being a stockist in poppy husk, police raided his house in village Gobindgarh near Abohar for recovery of incriminating article nearly a week before the present occurrence. Han Ram suspected that Bula Ram (now deceased) had given the secret information to the police. Around 11.30 p.m. on September 4, 1988 when Bula Ram was sleeping on a cot placed outside liquor vend of Raja Ram and Company accused Han Ram came there carrying a wooden Bala and gave 4-5 blows with it on the forehead, head and face of Bula Ram. Bula Ram cried Hai. The cry awoke his two sons Pappu and Krishan, who were sleeping close to their father on another cot placed nearby. On their raising alarm, the accused ran away from the place of occurrence carrying the weapon of offence with him.

(2.) On being charged with the commission of offence under Section 302 of the Indian Penal - Code for having intentionally murdered Bula Ram around 11.30 p.m. on September 4, 1988 accused Han Ram pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated July 31, 1990 learned trial court convicted the accused of the offence charged and sentenced him to undergo imprisonment for life and to pay Rs. 2,000/- as fine. In default of payment of fine, the accused was ordered to undergo rigorous imprisonment for a further period of six months. Feeling aggrieved there from the accused has filed Cr1. Appeal No. 249-DB of 1990 in this Court. Pappu author of the F.I.R. has also filed Cr1. Revision No. 705/1990 against the judgment aforesaid. It was ordered to be heard along with Cr1. Appeal No. 249-DB/19990 vide order dated November 28, 1990 of this Court. Since both the Criminal Appeal as also the Cr1. Revision are directed against the same impugned judgment of the learned trial Court and based on the same facts, the two have been heard and are being disposed of together. We have heard Shri R.S. Ghai, Sr. Advocate, with Mr. Bipen Ghai and Vinod Ghai, Advocates, for the appellant, Shri Randhir Singh, A.A.G. Punjab for the State and have perused the entire relevant material on record very carefully.

(3.) Out of the two eye-witnesses to the alleged occurrence P.W. 3 Pappu, states We are four brothers, My father was cmployed at liquor vend of Raja Ram & Company at out village which is situated in the house of Dasondha Singh. My father used to sleep at liquor vend. I also sometime used to sleep at liquor vend with my father. About 7-3/4 months ago I, my brother Krishan and my father slept at the liquor vend. Electric bulb was kept on light. My father slept on one cot and we both brothers slept on another cot. At about 11.30 p.m: I heard voice of Hai from the mouth of my father and heard other noise. I and my brother woke up. Han Ram accused present in the court having wooden Bala in his hand inflicted four live Bala blows on the mouth, forehead and head of my father. We raised alarm and the accused fled away with his weapon. Blood oozed from the mouth of my father. I tried my father to speak but he could not speak. I sent my brother Krishan to out house to inform about it. Then Ram Chand came there from his house and found my father dead. I left Krishan and Ram Chand at the spot and started towards the police station to inform the police and at Police Station the police recorded my Statement Ex. P-C which was read over to me and was thumb marked by me. Some days prior to the occurrence police had raided the house of the accused suspecting that he indulged in poppy husk and the accused suspected my father for informing the police about it and as such he nursed a grudge against him. Inquest report was prepared by the police in my presence and in the presence of Ram Chand and I thumb marked the same. Police lifted blood stained earth from the place of occurrence made into sealed parcel and look into possession vide memo Ex. PD attested by me. Parcel of earth is Ex. P-I. Other brother Krishan Lal states. We arc four brothers. My rather used to work at the liquor vend of Raja Ram in our village. He used to sleep at the liquor vend with our father. About one year and 6-1/4 months ago I and my brother Pappu had taken some lemons for my father and had slept, on one cot in the liquor vend while my father slept on another cot. At about 11.30 p.m. I heard the voice of Thai coming from the mouth of my father. This was followed by another noise. On hearing this I and my brother got up. On waking up we saw that electric light was on and Han Ram accused now present in court was standing with a wooden balla in his hand. Within our sight Han Ram gave four or five balla blows on the mouth, fore-head and head of my father. We raised a raulla and thereupon Han Ram ran away towards his house after taking the wooden balla with him. On going near my father we found that blood was oozing from his mouth and head. We tried to speak to him but he did not reply. My brother Pappu sent me to our house to inform about the incident. Ram Chand our neighbour came from his house along with me to the place of occurrence and we found that my father had already died. After leaving me and Ram Chand at the spot with the dead body, Pappu went to lodge a report at the police station. After this I had gone away to inform other persons of the village and when I returned at about 5/5.30 a.m. I found the police already present at the spot. The Investigating Officer took the mattress which was blood stained and the waan of the cot on which my father was lying which too was stained with blood into possession after making into a sealed parcel vide memo Ex. PE which as thumb marked by me. My Statement was recorded by the police. Speaking of their credibility in Dalip Singh and others v. The State of Punjab, their lordships of the Supreme Court observed, Ordinarily a close relative would be the last person to screen the real culprit and falsely implicate an innocent person and hence the mere fact of relationship far from being the foundation for criticism of the evidence is often a sure guarantee of truth.