YUDHVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) All the appellants were convicted by the learned Additional Sessions Judge, Bhiwani on the charge punishable under section 148 of the Indian Penal Code and each one of them was awarded rigorous imprisonment for one year. They were also convicted by the said Court on a charge under section 302 read with Section 149 of the Indian Penal Code qua the murder of Miss Vinod Kumari and each one of them was sentenced to undergo imprisonment for life and a fine of Rs. 200/- or in default of payment thereof, to further suffer two months rigorous imprisonment. They were also found guilty of the charge punishable under section 323/149, of the Indian Penal Code for causing simple hurt with blunt weapon to Jogi Ram, Pawan Kumar Sumitra, and Ajit Singh witnesses and each one of them was awarded three months rigorous imprisonment. The substantive sentences were, however, directed to run concurrently. Feeling aggrieved against their convictions and sentences, the appellants have come up in appeal.

(2.) The brief resume of facts of the prosecution case is that she-calf of the buffalo of Ajit Singh P.W. 4 had died about two weeks prior to this occurrence and she-buffalo was ailing during those days. The complainant suspected that the she-calf had, died as well as she-buffalo was ailing by contracting disease from the dog of Prabhu, father of Yudhvir, Vinod and Sanjay accused as this dog used to take shelter in the Turi Wala Kotha of the complainant. On 1st September, 1988 at about 6.30/7 PM Ajit Singh P.W. 4 left for his residential house from cattle shed alongwith his son Pawan Kumar. They observed that the dog of Parbhu had entered their Turi Wala Kotha. He and Pawan Kumar then scared away the dog by pelting stones. Yudhvir accused came there and lodged protest as to why his dog was stoned. Ajit Singh then told him that the dog was suffering from contagious disease which was dangerous to his cattle. Yudhvir accused then left the spot abusing and returned to the spot alongwith a single barrel gun of his father Parbhu. In the meanwhile Vinod Kumar accused armed with a jaili, Sanjay, Lakhi Ram armed with lathis, Jagbir empty handed, Mst. Ana Kaur wife of Lakhi Ram accused and Mst. Daya Kaur carrying stones also arrived there. Jagbir caught hold of Ajit Singh while Vinod Kumar accused dealt a jaili blow lathi-wise on his head. Ajit Singh raised alarm, on hearing which, his father Jogi Ram, his niece Sumitra, Suresh, Vinod another niece also arrived at the spot and tried to rescue him. Suresh was given a blow with lathi by Sanjay accused on his chest and abdomen. Lakhi Ram accused gave a lathi blow on the right hand and wrist of Jogi Ram while Vinod inflicted a jaili blow on the elbow of Sumitra. Mst. Ana Kaur and Mst. Daya Kaur pelted stones which hit Pawan Kumar, Sumitra and Ajit Singh. Vinod Kumari deceased also tried to rescue them. Then Yudhvir accused inflicted two blows on her chest and neck with the butt of gun. She fell down unconscious after receiving injuries. Sanjay accused also gave two lathi blows to Ajit Singh who fell down. Thereafter, Lakhi Ram accused also dealt a lathi blow on his chest. In the meanwhile, Zile Singh, brother of Ajit Singh and Karan Singh arrived at the spot. Thereafter, all the accused alongwith their respective weapons went to their houses. Zile Singh brought all the injured in a four-wheeler to Civil Dispensary, Charkhi Dadri but Miss. Vinod Kumari succumbed to her injuries on the way.

(3.) Dr. S.C. Gupta of General Hospital, Dadri medically examined Suresh witness at 8.50 PM on 1st September, 1988 and. found three blunt weapon injuries on his person. This doctor also examined Pawan Kumar witness at 9 PM and two blunt weapon injuries were found on his person. This doctor also found two injuries on the person of Jogi Ram witness while three injuries were found on the person of Kumari Sumitra P.W. 5 and four injuries with blunt weapon were found on the person of Ajit Singh P.W. 4. The injuries on the person of these persons were however, declared simple after x-ray examination. Dr. Gupta sent intimation at 9.45 PM Ex. PK about the arrival of the injured alongwith the dead body of Miss Vinod to the local police. On receipt of this intimation, Assistant Sub Inspector Rajbir Singh of Police Station Sadar, Dadri rushed to the hospital and recorded statement Ex. PV of Ajit Singh PW after he was declared fit to make statement by the doctor while the other injured were found unfit to make statements. On the basis of statement Ex. PV, a case under sections 302/148/149/323/324/506 of the Indian Penal Code and under Section 25/27 of the Arms Act was got registered against the accused vide First Information Report Ex. PV. at 12.10 AM during that night through Sub Inspector Dal Singh. The special report of the First Information Report was conveyed to the Illaqa Magistrate at Dadri at 2 AM during the same night.