SHERA RAM AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction dated 22.04.2008 and order of sentence dated 25.04.2008, passed by the Addl. Sessions Judge, Sirsa, vide which appellants Shera Ram, Mahender Singh, Rajender Singh and Pawan Kumar have been held guilty for the offence punishable under Section 302 read with Section 34 IPC and convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- each and in default of payment of fine to further undergo simple imprisonment for two years each. Appellant Pawan Kumar has also been held guilty for the offence punishable under Section 324 IPC and convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo simple imprisonment for six months.

(2.) Brief facts of the prosecution case are that a telephonic message was received from Police Station City, Sirsa in Police Station Rania to the effect that Vinod in injured state and deceased Ranbir are present in General Hospital, Sirsa and asked for sending Investigating Officer, upon which Sub Inspector Hari Chand (Investigating Officer), SHO, Police Station Rania alongwith other police officials reached General Hospital, Sirsa where the Investigating Officer obtained medico legal report of Vinod Kumar from the doctor and the doctor declared the injured unfit to make the statement. Lateron, in the hospital, statement of Chunni Ram, father of deceased Ranbir, was recorded. In his statement, Chunni Ram, complainant, stated that many years ago, a quarrel of fighting had taken place between him and Manphool, who is son-in-law of his (complainant) real brother Shera Ram in which Manphool Singh had sustained injuries. Lateron, a compromise was arrived at between them. Complainant and his brother alongwith their family members had been visiting the house of each other frequently. His brother Shera Ram had taken the land of Mahinder Ram on share basis, which was adjacent to the village. There was a hamlet (Dhani) in the said field. Shera Ram alongwith his family used to reside in the said hamlet (Dhani). Rajinder, son of his brother, had been blessed with a son and he came to the house of complainant at about 7:00 p.m. on 19.02.2006 and asked complainant's son Ranbir that he would give a party on the eve of birth of his son and he (Rajinder) asked him (Ranbir) to accompany him to the hamlet (Dhani). Complainant's son then accompanied Rajinder. When Ranbir did not return after sufficient time, complainant went to the hamlet (dhani) of Shera Ram at about 9:30 p.m. to call him. In the electric light, complainant saw that Rajinder, Pawan and Mahinder, sons of Shera Ram were armed with gandasas and his brother Shera Ram was armed with an iron axe. Vinod Kumar, son of Phussa Ram, was crying while lying on the ground having injury on his head. The complainant further stated that in his sight, Rajinder gave a gandasa blow on the right side of the head of his son Ranbir, Pawan gave a gandasa blow on the right eye of Ranbir and Mahinder also gave blow of his gandasa to Ranbir.

(3.) Ranbir raised his right hand to ward of the blow and the blow fell on his right hand. His son then fell on the ground. All those four accused inflicted injuries with their respective weapons to the son of complainant. When complainant tried to rescue Ranbir, Shera Ram remarked that he be also attacked and they be taught a lesson for inflicting injuries to his son-in-law. Due to the fear, the complainant ran away towards the village to bring other persons from the village.