RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of CRA No. D -715 -DB of 2002, filed by accused/appellants Ramesh, Bijender, Mahender sons of Ram Kishan and Smt. Dayawanti wife of Ram Kishan, against judgment and order dated 29.8.2002, passed by learned Additional Sessions Judge, Rohtak, vide which accused/appellants were convicted under Section 302 IPC read with Section 34 IPC and sentenced to undergo imprisonment for life each and fine of Rs. 5,000/ -each, in default of payment of fine, to undergo further rigorous imprisonment for a period of one year each. The accused/appellants were further convicted under Section 323 IPC read with Section 34 IPC and sentenced to undergo rigorous imprisonment for two months each and fine of Rs. 500/ - each, in default of payment of fine, to undergo further rigorous imprisonment for 15 days each. Both the sentences were directed to run concurrently.

(2.) THE case was registered on the basis of statement of Wazir Singh (Ex. PP) son of Gugan Ram, (deceased) aged about 60 years, resident of Village Karor, District Rohtak, made on 17.10.1999, sometime before 5:00 PM to ASI Ajmer Singh, in which Wazir stated that for the last about one year, there was a dispute between him and his uncle Mahle Ram regarding the partition of the land. Last evening, i.e. on 16.10.1999, there was exchange of abuses between the complainant and sons of Mahle Ram. Today i.e. 17.10.1999 at about 8:30 AM, Wazir and his son Ram Dhan went to the fields called "Khuwan Wala Khet" alongwith oxen. When they reached the fields, Mahender son of Ram Kishan came there and started abusing him. When the complainant restrained him from doing so, he went to his fields and brought a lathi. Bijender son of Ram Kishan also came with him armed with axe. On reaching there, Mahender gave a lathi blow on the feet of Wazir. Ramesh son of Ram Kishan armed with pharsa and Ram Kishan armed with lathi also came there. Bijender gave axe blow on the head of Wazir. Wazir fell down. Ram Kishan gave lathi blow on his back. Daya wife of Ram Kishan came there armed with gandasi and started giving gandasi blows using it like danda on his back and feet. He raised hue and cry 'Mar Dia, Mar Dia'. His son Ram Dhan tried to rescue him. Accused Ramesh son of Ram Kishan gave a pharsa blow using it as lathi to his (Wazir's) son Ram Dhan. Then, both of them raised alarm 'Mar Dia, Mar Dia', which attracted Ram Kishan son of Maha Singh and they rescued them from the clutches of the assailants. Assailants fled away from the spot alongwith their respective weapons. Later on, real brother of the complainant Ram Pal removed them to Medical College, Rohtak in an auto rickshaw and got them admitted there.

(3.) ON 21.10.1999, a V.T. message was received about the death of Wazir. Inspector Satyavir Singh, who was then posted as Sub Inspector/SHO, PS Sampla, then visited PGIMS, Rohtak and obtained the medical ruqa (Ex. PQ). There, he recorded the statement of Ram Dhan. Inquest report (Ex. PE) was prepared. The post mortem of the dead body was got conducted. Inspector Satyavir Singh then visited the spot and prepared the rough site plan (Ex. PR). On the basis of the said DDR, formal FIR No. 286 dated 21.10.1999 (Ex. PB) under Section 302 read with Section 34 was registered against the present appellants and one Ram Kishan, who died during the pendency of the trial.