NIRAMALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rulia Ram, his wife Nirmala and two sons, namely Jagbir and Parveen along with one Sanjay son of Ram Kumar, were tried under Sections 302, 148 and 149 of Indian Penal Code. The trial culminated into the judgment of conviction and sentence dated 25-10-2002 recorded by learned Additional Sessions Judge, Sonepat. They all have been held guilty for an offence under Section 148 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year as also to pay fine of Rs. 2000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. They have been held guilty under Section 302 read with Section 149 of Indian Penal Code and sentenced to undergo life imprisonment as also to pay fine of Rs. 5000/- each and in default of payment of fine, to further undergo rigourous imprisonment for a period of two months. All the sentences have, however, been ordered to run concurrently. It is against this order of conviction and sentence that present appeal has been filed.

(2.) The occurrence leading to death of Rajesh son of Bharat Bhushan, as per prosecution version had taken place on the intervening night of 21 /22-9-2000 at 1.30 am. in front of house of Brij Mohan, Jamalpura Mohalla, Sonepat. FIR, Ex. PG, with regard to the incident came to be recorded at 3.35 a.m. on 22-9-2000, whereas, special report with regard to the incident reached the concerned Magistrate at 5.30 a.m. on the same day.

(3.) Suresh Sharma, PW 7 author of the FIR, while making his statement before Karan Singh, Inspector, stated that he was working as General Manager in the Haryana Bravery Factory, Murthal. On the night of occurrence, a Jagrata was being performed in front of house of Rulia Ram son of Mauji Ram. He and Sandeep Sharma, residents of Sona Colony, were present at the Jagrata. Rajesh son of Bharat Bhushan was also present there at Jagrata. Jagbir son of Rulia Ram , Parveen son of Rulia Ram, Rulia Rarn son of Mauji Ram and Sanjay son of Ram Kumar were also present there at Jagrata. Jagbir, Parveen and Sanjay were playing cards there. At this, Rajesh dissuaded them from playing cards saving "you should not play cards at the Jagrata." Thereupon, Jabir, Parveen. Rulia Ram and Sanjay got annoyed and started hurling abuses to Rajesh. Rajesh threw their cards. At this, Jagbir, Parveen, Rulia Ram and Sanjay came out side from the house of Rulia Ram. Nlrmla wife of Rulia Ram was also along with them. Jagbir. Parveen and Rulia Ram were having iron pipes in their hands while Nirmala and Sanjay were having dandas. On seeing them, Rajesh stood up and started going from there. When Rajesh reached near the house of Brij Mohan, Jagbir, Parveen and Rulia Ram struck him with iron pipes, which hit him on the left side of his head. As a sequel thereto, Rajesh fell down. Whereupon , Nirmala gave danda blow, which hit on the eye lid of his right eye. Sanjay also gave danda blows, to him, which hit him on both calves of his legs and waist. All the accused had been raising exhortations saying "'Kill him. He should not go scot-free." When he and Sandeep stepped forward to take care of Rajesh, the accused fled away. It was about 1.30/2.00 O'clock at night. After leaving Sandeep for supervision of the dead body of Rajesh, be came to lodge the report.