HARI RAM AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 23.07.2001, passed by the learned Addl. Sessions Judge, Jalandhar whereby, accused-appellants were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months each under Section 304 Part-I IPC and further convicted and sentenced to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs. 500/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months each under Section 450 IPC. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of statement of Ajit Ram. As per prosecution version, Harbans Lal (deceased) son of Ajit Ram complainant had developed illicit relations with Sangeeta. The complainant tried his best to advise both of them not to continue with such relations and even Darbara Singh, Sarpanch had also advised them to not to indulge in such activities, but there was no effect on Sangeeta and she continued her illicit relations with the deceased. On 07.06.1999 at about 12.00 noon, the complainant along with his wife Amar Kaur was present in the house when the deceased came running to that place. He told them Sangeeta and 6-7 persons are chasing him with brick bats in their hands with intention to kill him and they should save him. Then, all the accused entered the courtyard of the house of the complainant. Sangeeta raised lalkara to kill Harbans Lal and he be taught a lesson for going to her house. Accused Ajit Ram gave blow of brick bat on the head of the deceased. Other accused started beating him and throwing brick bats on him. Harbans Lal was caught hold by Sangeeta and Parkasho. Then, they dragged him towards the outer gate of the courtyard and while he was unconscious they put some poisonous substance in his mouth. Complainant and his wife raised alarm. Then after arranging a vehicle, Harbans Lal was brought to the Civil Hospital, Jalandhar and got admitted there for his treatment. He was medico legally examined by doctor. He died in the hospital at 2.25 P.M. SI Harvinder Singh, Incharge, police sation Maqsoodan along with other police officials reached hospital and recorded statement Ex.PA of the complainant. Ruqa was sent to the police station, on the basis of which FIR was recorded. Rough site plan was prepared. Two blood-stained bricks were found at the spot and the same were taken into police possession and converted into sealed parcel. Post-mortem on the dead body was got conducted. The viscera was sent to the Chemical Examiner, Patiala but as per report, no such poison was found. Statements of witnesses were recorded. After necessary investigation, challan was presented against the accused-appellants. On presentation of challan against accused-appellants, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, accused-appellants were charge-sheeted under Section 302 read with Section 149 IPC and Section 450 IPC, to which they pleaded not guilty and claimed trial.

(3.) In support of its case, prosecution examined PW-1 Ajit Ram, complainant, who mainly deposed same facts as per prosecution version. PW-2 Dalip Singh, Draftsman mainly deposed regarding preparing of scaled site plan Ex.PC. PW-3 Dr.Gurdev Singh Mann, Medical Specialist mainly deposed that he conducted postmortem examination on the dead body of Harbans Lal on 08.06.1999 at 11.00 A.M. and found following injuries:-