HARI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant-Hari Ram against the judgment and order dated 26.10.1990 passed by the learned Additional Sessions Judge, Narnaul, whereby the appellant has been convicted for the offence under Section 307 of the Indian Penal Code (I.P.C. - for short) and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 3000/- for the offence under Section 307 I.P.C. Besides, he has been convicted for a period of three years and ordered to pay a fine of Rs. 2000/- for the offence under Section 27 of the Arms Act. However, both the sentences have been ordered to run concurrently.

(2.) THE facts leading the case are that case FIR No. 46 dated 14.4.1998 was registered at Police Station Bawal district Mahendergarh for the offences under Section 307 I.P.C. and 27 of the Arms Act, on the statement of constable Kailash Narain, who was posted as Naib Moharir at Police Station Bawal. As per the statement of the complainant, he on 14.4.1988 at about 6 p.m. vide report No. 21 had written regarding roll call of employees. Hari Ram-appellant vide report No. 18 had taken charge from Head Constable Amar Singh, who was earlier on duty. Rifle No. 23 with fifty cartridges and rifle chain were also taken. Hari Ram was to give duty from 6 p.m. to 9 p.m. and he had signed the aforesaid report. At about 8.45 p.m. ASI Ramphal, Head Constable Amar Singh No. 440, Constable Dewan Kumar Singh (alias Dewan Chand) No. 740 and Constable Hukam Singh No. 73 were sitting on two separate cots in front of Barracks of the employees. Hari Ram-appellant was standing at a distance of 5/7 paces from the 'Peepal' tree. Kailash Narain MHC came out from his office and went to take meals. Hari Ram started firing on the employees who were sitting i.e. Ramphal ASI, Hukam Singh No. 73, Dewan Singh Constable No. 740 and Amar Singh Head Constable No. 440. Kailash Narain called out at Hari Ram as to what was he doing and in the meanwhile, Dewan Singh Constable No. 440 made noise 'Mar Gaya'. Gokal Chand Constable No. 82 came running from the quarter side. Constable Hari Ram-appellant tried to run away alongwith the rifle from the rear gate of Police Station and then Kailash Narain complainant and Constable Gokal Chand tried to catch hold of him but he managed to run away with his ammunition and weapon. In the meantime, ASI Karan Singh of Police Station Bawal came and Kailash Narain complainant narrated the occurrence to him. He saw that Dewan Singh (alias Diwan Chand) had received bullet injuries on his right leg and left thigh. The injured was shifted to Civil Hospital, Rewari for treatment. It was stated that Hari Ram-appellant fired with the intention to kill the employees and constable Dewan Singh alias Dewan Chand received injuries. He, however, did not know the cause of occurrence. It is on the basis of the said statement the FIR for the offence under Section 307 I.P.C. and Section 27 of the Arms Act was registered and Special Report sent to the Illaqa Magistrate and higher Officers.

(3.) THE learned Additional Sessions Judge, Narnaul to whom the case was entrusted vide order dated 7.11.1988, framed charge against the appellant on the allegations of the prosecution that the accused being a police constable, while performing duty of 'Santary ' at Police Station Bawal was given a rifle with which he caused injuries to constable Dewan Singh (alias Dewan Chand) by firing four shots with such intention or knowledge that by that act, he had caused the death of above said constable Dewan Singh (alias Dewan Chand). Accordingly, charge under Section 307 I.P.C. and under Section 27 of the Arms Act was framed. Thereafter, the Public Prosecutor filed an application that in addition to charge framed under Section 307 I.P.C. and Section 27 of the Arms Act, a charge be also framed against the appellant for attempting to murder ASI Ramphal. The accused filed his reply to the same. The learned Additional Sessions Judge, vide his order dated 5.12.1988 observed that the statement of Ramphal ASI recorded under Section 161 Cr.P.C. showed that accused Hari Ram had approached him in some case but he did not oblige him and it was due to this that he fired at him, but constable Dewan Singh (alias Dewan Chand), who was sitting by his side was injured. Accordingly, a charge under Section 307 I.P.C. was also framed for attempt to murder ASI Ramphal.