RAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAM Lal (60) and his son Billu alias Jagga (25) were convicted by the learned Sessions Judge, Sirsa, for triple murder and by order dated September 22, 1992, they were awarded sentence of death. Murder Reference No. 2 of 1992 has been made by the trial Court for confirmation of the above sentence. The accused have filed Cri. Appeal No. 391-DB of 1992. Both these are being disposed of by this order.

(2.) THE first information report in this case was lodged by Bashir Mohammad (P. W. 8 ). He originally belonged to Malerkotla in the State of Punjab and had been residing with his family in a rented house in ward No. 5 at Mandi Ellenabad, district Sirsa (Haryana ). In the same house, in the adjoining room, was another tenant Bachan Singh, living with his family. The family of Bashir Mohammad and that of Bachan Singh had developed good neighbourly relations with each other. About 11/2 years prior to the occurrence Bashir Mohammad's wife named Maida had got the engagement of Parveen, 17/18, daughter of Bachan Singh, settled with one Parkash son of Mohan Lal Mehra of Malerkotla. Bachan Singh and his wife Darshana were quite happy with the said engagement, but the maternal grandfather of Parveen named Ram Lal and his son Billu alias Jagga, who were also residing at Ellenabad, were not happy with the said engagement. They wanted Parveen to be engaged somewhere else. Three/ four days prior to the occurrence Bashir Mohammad and his wife Maida asked the aforesaid Ram Lal and Darshana, mother of the daughter to be married, for fixing up the marriage early. Ram Lal exchanged hot words with Bashir Mohammad and Maida because the marriage at Malerkotla, as already stated, was not to his liking. On February 7, 1991, at about 11 a. m. Bashir Mohammad was lying in the room on account of fever. His son Bagga Mohammad (PW 11) was looking after him and his wife Maida, aged 38, was cooking meals in the open kitchen outside the room. Ram Lal accused armed with a sword and Billu alias Jagga armed with a Gandasa entered the house and told his wife Maida that they would teach her a lesson for getting the engagement of Parveen done at Malerkotla. Maida got up and started running in the courtyard. The two accused followed her, causing injuries with their respective weapons on her head and neck. She fell down. Darshana, wife of Bachan Singh, and mother of Parveen, as well as her daughter Parveen intervened to rescue Maida. Both the accused caused injuries with their respective weapons to both Darshana as well as Parveen on their head and neck. As a result of the injuries, they also fell down at the spot. Santa Singh Kamboj, resident of Dhani, came there. On seeing him, both the accused persons ran away with their respective weapons. Bashir Mohammad and his son found that Maida and Parveen had already succumbed to their injuries while Darshana was still alive. Darshana was taken to the hospital, where she also died at 12. 20 p. m. the same day. Leaving Bishan Dass and Bishamber Dass to guard the place of occurrence. Bashir Mohammad went to Police Station, Ellena-bad, and lodged the first information report at 11. 45 a. m. Copy of the special report was received by the Judicial Magistrate, Sirsa, 41 Kms from Ellenabad, at 5 p. m.

(3.) AFTER registering the case, S. I. Krishan Singh Hooda (PW 16) deputed ASI Surjan Singh for going to the hospital and himself proceeded to the place of occurrence. He had photographs taken and carried out inspection. He learnt about the death of Darshana in the hospital. He recovered blood-stained earth from three different points from the courtyard of the house. He also took into possession a pair of chappals, one woollen blood-stained shawl, one blood-stained bed sheet. The shawl was picked up from near the deadbody of Parveen. The bed sheet was picked up from near the deadbody of Maida and another pair of Chappals from near the place where Darshana had fallen on receipt of the injuries. One sheath of a sword was also recovered from the place of occurrence. These articles were made into sealed parcels. The Sub-Inspector then prepared inquest reports with regard to the deaths of Maida and Parveen and the deadbodies were despatched to Civil Hospital, Sirsa, for post-mortem examination. The inquest report in connection with the death of Darshana was produced before the Investigating Officer by ASI Surjan Singh. Her deadbody was also despatched for post-mortem examination to the Civil Hospital, Sirsa On the following day, the Investigating Officer recorded the statements of Baga Mohammad, Santa Singh etc. The accused were arrested on February 14, 1991.