STATE Vs. INDER S/O KIRPA CONVICT

JUDGEMENT

(1.) INDER, aged 25 years. Partap, aged 22/25 years and Balwant, aged 20/22 years, were tried in the Court of Sessions Judge, Hissar, under S. 302 read with S. 34 of the Indian Penal Code for accusing the death of Dilbagh deceased, aged 17 years. The learned Sessions Judge gave the benefit of doubt to Partap and balwant and as such acquitted them, while Inder was convicted under S. 324 of the Indian Penal Code, and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2000 or in default to undergo rigorous imprisonment for a further period of one year. Out of the fine, if realized, rs. 1,500 were ordered to be paid, to Janak Ram father of the deceased. The state has filed the present appeal against the acquittal of Partap and Balwant and for the conviction of all the three accused under S. 302 read with S. 34 of the indian Penal Code.

(2.) THE prosecution case is that the three accused are cousins. In March 1929 chhelu, grandfather of Inder and Balwant accused, and brother of Dhanpat, grandfather of partap accused, was killed. Crossreports, copies of which are exhibits P. N. and P. O. , were made in respect of that occurrence to the Police. Janak Ram, father of Dibagh deceased, and Har Karan, a third degree collateral of janak Ram, were convicted in the case relating to that occurrence and were sentenced to undergo rigorous imprisonment for a period of five years. The present occurrence, which took place on 30th November 1962, is a sequel to that earlier occurrence of 1929.

(3.) ON the day of occurrence at about 3 or 4 p. m. it is alleged. Birkha and Har karan (P. Ws) were smoking huqqa in Teka's field under a shisham three in the area of village Puthi. The fields of Birkha and Har Karan are in other neighbourhood of the field of Teka. The above mentioned prosecution witnesses then heard cries mar diya, mar diya' from a nearby gowara field which had been taken for cultivation by Janak Ram from Teka (P. W. ). Teka, Birkha and Har Karan then got up and saw the three accused injuring Dilbagh deceased with jelis in the above gowara field at a distance of about two kill as from the place where those prosecution witnesses were sitting. Teka, Birkha and Har Karan then went to the place where the three accused were causing injuries to Dilbagh deceased and asked them as to why they were attacking Dilbagh. The accused them replied that they were avenging the murder of their grandfather Chhelu. The accused also stated that if anybody came near he too would be deal with in the same manner. After giving blows to the deceased, the three accused went away. Teka, Birkha and Har Karan then went to the spot where the deceased was lying unconscious, and within about fifteen minutes he expired. Teka and Birkha them remained near the dead body, while Har Karan went to the village abadi and informed Janak Ram (. P. W. 5), father of the deceased about the occurrence. Janak Ram along with others other went to the place of occurrence where Teka and Birkha (P. Ws.) were sitting near the dead body of the deceased. The chaukidars were called to the place of occurrence. One of the chaukidars was deputed to stay near the dead body, while, in the company of the other chaukidar, Janak Ram set out for the police-station to lodge the report. Janak Ram and the chaukidar left the village on foot. On reaching village Ugalan on the way they hired a tonga at about 2 a. m. and reached police-station Narnaund, which is at a distance of sixteen miles from the place of occurrence. Report Exhibit P. B. was lodged at the police station by janak Ram at 6. 10 a. m.