ROSHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE four appellants Puran Chand and his three sons Roshan Lal, Ram Sarup and Jaipal along with his fourth son Baljit Kumar were committed to the Court of Session to stand their trial for the murder of Basanta Ram and for causing hurt to Gurnam Singh, Mukhtiar Kaur and Dharam Pal. Since Baljit Kumar was mentioned as a child in proceedings of the investigation, the learned Sessions Judge, Ambala, segregated the case of Baljit Kumar accused and ordered that he be tried by the Chief Judicial Magistrate, Ambala, under the provisions of the Haryana Children Act, 1974 and framed charges against the four appellants and proceeded with their trial. The learned Sessions Judge convicted Roshan Lal under Section 302 Indian Penal Code and sentenced him to imprisonment for life and a fine of Rs. 500/- or, in default to undergo further rigorous imprisonment for three months. Puran Chand, Ram Sarup and Jaipal were convicted under Section 323 Indian Penal Code and each of them was sentenced to 6 months' rigorous imprisonment and, a fine of Rs. 100/-. They have challenged their convictions and sentences by filing two separate Criminal Appeal Nos 153/DB of 1984 and 144/SB of 1984. This judgment will govern both the appeals.

(2.) THE prosecution case in brief is that on 26th January, 1983 at about 8.00 a.m. Basanta Ram deceased, his sons Dharam Pal and Gurnam Singh and the latter's wife Mukhtiar Kaur were placing some earth in the drain so that the drain water may not flow towards their house. After about an hour of the said incident a Panchayat was also held to settle the dispute between the parties but a little later, at about 10 a.m., Roshan Lal, Puran Chand, Ram Sarup, Jaipal and Baljit all armed with Lathis came there and started removing earth from the drain, when Basanta Ram protested for removing earth from the drain Roshan Lal accused gave a lathi blow on his head. When Dharam Pal PW came forward, Jaipal accused gave a lathi blow on his head and thereafter Ram Sarup accused gave two lathi blows on the head of Gurnam Singh. Baljit Kumar caused lathi injury on the head of Mukhtiar Kaur. Naranjan Singh and Narinder Singh were attracted to the spot on hearing the alarm raised by the injured persons and they rescued them and they also caused some fist blows to the accused party in self-defence. Basanta Ram deceased and the injured persons were removed to the Primary Health Centre Mullana where Dr. Shiv Anand medically examined them and found the following injuries on their persons :- Basanta Ram

(3.) PURAN Chand appellant in his statement under Section 313 Cr.P.C. while denying the material prosecution allegations pleaded that the drain existed in front of their house since the time immemorial and they used to pass rainy water of their houses through it. What is significant, however, is that he took up a positive stand on a plea or the private defence of body and property in the following terms :-