JETHA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) JETHA Ram, aged 70 years Mohan Ram, aged 21 years Boota Ram alias Booti, ages 28 years, son of Jetha Ram, Arjan Lal, aged 27 years and Darshan Lal, aged 30 years, all residents of village Sahidan wala, Police Station Sadar, Sirsa, were tried under Section 304 Part I read with Section 34 of the Indian Penal code, in furtherance of their common intention, they intentionally caused the death of Dilbag Singh by inflicting blows with lathis, dandas and fists whilst deprived of power on self control due to grave and sudden provocation on the part of the deceased who attempted to outrage the modesty of Krishna Rani PW1 daughter of jetha Ram accused. Vide order dated 13-3-1992 the Additional Sessions Judge, Sirsa, convicted Jetha Ram and Mohana Ram, accused, under Section 304 Part I of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/- each. In default of payment of fine they were ordered to undergo further rigorous imprisonment for three months. Their other three co-accused Boota Ram alias Booti, Arjan Lal and Darshan Lal were acquitted by the learned trial Court Aggrieved against the order of conviction and sentence passed by the Additional Sessions Judge, Sirsa, Jetha Ram and Mohana Ram appellants filed the present appeal, whereas, Ajaib Singh father of Dilbag Singh deceased filed Criminal Revision No. 473 of 1992 for enhancing the sentence of the present appellants as well as against the acquittal of the aforesaid three accused by the trial Court which was admitted and ordered to be heard along with the present appeal. Since common question of law and fact are involved both the present appeal, as well as the revision shall be disposed of by one order.

(2.) BRIEF facts of prosecution case as emerged from the first information report lodged by Krishna Rani PW daughter of Jetha Ram accused, are, that on 6th of April, 1991 at about 4 p.m. she was present in the fields and was cutting Barseen. Meanwhile Dilbag singh deceased came there and after telling her that he was all alone, embraced her and also attempted to out rage her modesty. Alarm raised by her attracted her father Jetha ram and her uncle's son Mohana Ram accused to the spot. On seeing them Dilbag Singh tried to run away. He was, however, over powered by both the said accused. Meanwhile Krishana Rani narrated the incident to her father and cousin Mohana Ram. Both of them lost self control and gave beating to Dilbag Singh. She and Jetha Ram also informed the villagers about the occurrence. Thereafter people from the village assembled and she accompanied by her brother Darshan Lal was proceeding to the Police Station, when she met SI Mahal Singh on the way, and made her statement on the basis of which formal first information report was subsequently registered at the Police Station at 7 p.m. under Section 354 of the Indian Penal Code. SI Mahal Singh then went to the spot, prepared rough site plan, recorded the statements of the witnesses and then went back to the Police Station. On receipt of information from Civil Hospital, about the arrival of the dead body of Dilbag Singh, SI Mahal Singh went to the hospital, prepared inquest report and after converting the offence to one under Section 304 of the Indian Penal Code sent special report at about 1 p.m. on the following day which reached the Chief Judicial Magistrate, Sirsa at 4 a.m. On 7-4-1991, statements of Ajaib Singh, Jasbir Singh and that of Jaswant Kaur mother of the deceased were recorded. At that stage, it was revealed that Dilbag Singh was brought by Jetha Ram and Mohana Ram accused in a tractor trolley to the house of Jetha Ram. There Dilbag Singh was thrown near the chaff-cutter installed in the court yard of the house. At that time, Arjan Lal, Boota Ram and Darshan lal gave Danda blows to Dilbag Singh, whereas, Jetha Ram and Mohana Ram gave him fist blows. The aforesaid relations of the deceased did not enter the house as they were threatened that, in case they tried to intervene they would also meet the same fate. They also alleged that they would not go to the police station because there was only one house of theirs belonging to the high community and the whole village was totally dominated by the Kamboj community.

(3.) THE learned counsel for the parties were heard.