RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment disposes of Cr1. Appeal No. 209-DB of 1992 and Criminal Revision No. 639 of 1992.

(2.) The 9 appellants, namely, Ram Sarup, Rambir Singh, Sarjit, Med Singh, Babu Lal, Ranjit Singh, Girdawar, Jaibir and Krishan Kumar alongwith Mir Singh, Mahi Pal and Birju were tried before the Additional Sessions Judge, Bhiwani for the murder of Pirdan and causing injuries to others. The learned Additional Sessions Judge, Bhiwani vide judgment dated 10.4.1992 convicted and sentenced the appellants to undergo R.I. for one year under Section 148, IPC. They were further sentenced to undergo R.I., for six months under Section 323 read with Section 149 I.P.C. Appellant Krishan was further sentenced to undergo imprisonment for life and to pay a fine of Rs.300/- or in default of payment of fine to further undergo imprisonment for three months under section 302, I.P.C. The other appellants were further sentenced to undergo imprisonment for life and to pay a fine of Rs.300/- each or in default of payment of fine to further undergo imprisonment for three PUNJAB Page 3 of 9 months under Section 302 read with Section 149, I.P.C. All the substantive sentences were ordered to run concurrently.

(3.) The occurrence in question happened on 31.10.1990 at about 8.30 A.M. in village Sankrod, to which both the sides belonged. The case was initially registered in Police Station Baund Kalan for offences under Sections 147, 148 and 323 read with Section 149, I.P.C., on 1.11.1990 at about 1.00 P.M. on the statement of Subash PW 7 made before S.I. Thawar Singh P.W. 12 in the General Hospital, Dadri on 1.11.1990 itself at 12.20 P.M. but after the death of Pirdan on 9.11.1990 the offence under Section 302, IPC, was also added in this case.