RAM NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution story unfolded by Kirpa Singh (PW 1) while lodging the First Information Report is that he was resident of Village Hanspur and did cultivation. His turn of canal water was from about 1.30 p.m. to 2.30 p.m. On Saturday-Sunday. His fields were irrigated by Bandhai Wali Khal (watercourse) of Sukhchain canal. Prior to him, there was turn of canal water of Sucha Singh Mistry Sikh resident of the village. On 10/02/1991 when he along with Buta Singh son of his maternal-uncle Pritam Singh Jat Sikh aged 23/24 years resident of the village reached the naka (outlet) of his field to get water from the khal (water-course) from Sucha Singh, he found that the flow of water in the khal (water-course) had decreased. At about '1' p.m., while checking flow of water in the khal (water-course) when they reached near the field of Ram Narain son of Chautha Ram, Bishnoi by caste, resident of the village, they saw that Ram Chander and Chhotu were irrigating their field of wheat crop after diverting water from the khal. He asked Ram Narain as to why he had diverted the flow of water as it was his turn of water. Thereupon, Ram Narain replied that he had not got the khal repaired, so he would not allow him to take water on that day. In the meantime, his maternal-uncle, namely, Pritam Singh reached there while checking the flow of water in the khal (water-course). He further asked Ram Narain as to how he would get the water of his turn, as they always got the khal repaired. On this, Ram Narain asked his son, namely, Ram Chander to bring the gun and that he would give water to them that day. Thereupon, Ram Chander brought a .12 bore double-barrel gun which was lying concealed nearby and handed over the same to his father, Ram Chander and asked him to finish the matter that day. Chhotu told that they might not be allowed to escape that day. Thereupon, as soon as Ram Narain took the gun, he fired a shot on Buta Singh son of his maternal-uncle which hit on the chest of Buta Singh. On receiving the fire shot, Buta Singh fell down on the ground. His maternal-uncle, namely, Pritam Singh and he raised alarm 'mar dia, mar dia' (killed, killed), upon which Ram Narain and his sons, namely, Ram Chander and Chhotu ran away with the gun in a jeep which was already parked on the road towards the village. They took care of Buta Singh, but he was found dead. He after having brought Partap Singh Sarpanch from the village had gone to lodge the report while leaving Pritam Singh, his maternal-uncle at the spot to guard the dead body of Buta Singh. The cause of grudge was that the turn of canal water of Ram Narain came after their turn to irrigate the fields. Today, Ram Narain and his sons had diverted the flow of canal water towards their fields (situated at the back) without their turn and they had stopped them from doing that. His statement was recorded by Kishan Dutt, Sub Inspector, Police Station Fatehabad. The First Information Report was recorded at 4.15 p.m. on the same day and the Special Report also reached the Ilaqa Magistrate immediately thereafter at 4.30 p.m.

(2.) In order to support its case, the prosecution had examined as many as seven witnesses. Kirpa Singh (PW 1) and Pritam Singh (PW 2) are the eye-witnesses of the occurrence. Kirpa Singh had stated at the trial, "He has his turn of water at 1.22 p.m. on Sunday. It continues up to 3.30 p.m. He gets water from Sukh Chain minor." Sucha Singh had his turn of water immediately before him. About 13/14 months ago, at about 1 p.m. he and Buta Singh had gone to their field near the field of Ram Narain 22 killas downstream (the witness again said up-stream) and saw that Ram Narain accused had diverted the flow of water to his field. Both the eye-witnesses approached the accused and told him that since it was their turn, he (the accused) should not have diverted the flow of water to his field. The accused, however, told them that since they had not come for repairing the khal (water-course), they would not be allowed to irrigate the fields. Pritam Singh also insisted that they should be allowed to irrigate their fields, but Ram Narain got furiated and asked his son Ram Chander to bring his gun so that he should stop them effectively from irrigating the lands, whereupon Ram Chander brought his double-barrel gun and asked his father to finish the complainant-party and his other son Chhotu Ram who was also present there, told him that the complainant should not be allowed to scot free. Ram Narain fired a shot which struck Buta Singh in his chest. Kirpa Singh (PW 1) further deposed that he and Pritam Singh (PW 2) raised an alarm, 'killed, killed' and then the accused persons went away in their jeep parked nearby. He further stated that the accused had re-loaded the gun before leaving the spot. He added that they had looked after Buta Singh. and found him dead. Pritam Singh asked him to report the matter at the Police Station. He came to the village and took Partap Singh Sarpanch with him and reported the matter to the Police.

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