RAMPHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been directed against the judgment of conviction and order of sentence dated 15-11-1990 passed by the learned Additional Sessions Judge, Narnaul, whereby Ram Phal, Ram Kishan and Rajbir accused-appellants were convicted under Section 302 read with Section 34, IPC for intentionally causing the death of Amrit Singh and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 3,000/- each or in default thereof, to further undergo rigorous imprisonment for one year. They were further convicted under Section 323 read with Section 34, IPC for voluntarily causing hurt with blunt weapon to Nafe Singh and sentenced to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 500/each or in default thereof, to further undergo rigorous imprisonment for two months. However, all the substantive sentences of rigorous imprisonment were ordered to run concurrently. The complainant has also filed Criminal Revision No. 42 of 1991 seeking enhancement of sentences awarded to the accused. Both these matters are being disposed of by this single judgment.

(2.) BRIEF facts of the prosecution case are that on 22-3-1989, in the abadi of village Rohdai, at about 11. 30 a. m. , the villagers including Rajbir, Ram Kishan and Smt. Sumitra were celebrating Phag. During that play of Phag, Smt. Sumitra hit Ram Kishan with a danda. He felt annoyed on the ground that instead of danda, a Korda (cloth whip) should have been used for playing phag. In order to show his resentment, he disassociated himself from the said celebration and started returning to his house. Amrit Singh and Nafe Singh tried to pacify Ram Kishan saying that Smt. Sumitra would be supplied with a Korda and that he should not feel annoyed on the occasion of Phag but Ram Kishan was not satisfied and started abusing them. The villagers intervened and separated the parties. After sometime, when Amrit Singh and Nafe Singh PW were enjoying Hukka while sitting in front of the house of Amrit Singh, Ram Kishan armed with a jaili accompanied by Ram Phal who was armed with a kassi and Rajbir came there. Ram Phal gave a kasia blow from its reverse side on the head of Amrit Singh. The jaili blow dealt by Ram Kishan on the person of Nafe Singh PW was warded off by him with his right hand. Rajbir accused picked up a brick-bat from his roof and hit Nafe Singh PW on his head with it. When the injured persons raised alarm, Nawal Singh and Kapur Singh intervened. Amrit Singh and Nafe Singh PW went to Civil Hospital, Rewari, in an injured condition.

(3.) DR. B. K. Sharma PW 2 medico-legally examined Amrit Singh at 12. 50 p. m. on 22-3-1989 in Civil Hospital, Rewari and found a scalp deep wound of 3" x 1/5" with lacerated margins on parietal area to midline transversely. Pressure bandage was applied by some R. M. P. as first-aid. No other visible injury could be seen. X-ray was advised.