KESHA RAM AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 9/10.12.1996 of the Additional Sessions Judge, Kaithal, whereby he convicted Appellants Kesha Ram, Balraj, Suresh Kumar, Chhota Ram and Wazir Singh under Sections 302, 148 and 302/149 of the Indian Penal Code. All the Appellants were sentenced to undergo rigorous imprisonment for six months each under Section 148 of the Indian Penal Code. Appellant Wazir Singh was sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and to pay a fine of Rs. 2,000/ -. In default of payment of fine, he was ordered to undergo rigorous imprisonment for six months. Appellants Kesha Ram, Balraj, Suresh Kumar and Chhota Ram were sentenced to undergo rigorous imprisonment for life each under Section 302 read with Section 149 of the Indian Penal Code and to pay a fine of Rs. 2,000/ - each. In default of payment of fine, they were ordered to undergo rigorous imprisonment for six months each. All the sentences awarded to the Appellants by the trial Court were to run concurrently.

(2.) THE prosecution case is unfolded by the statement of Ram Niwas (P.W. -6) given to Head Constable Parma Nand (P.W. -10) at the Post Graduate Institute of Medical Education and Research, Chandigarh (hereinafter referred to as "the PGI") at 10.30 p.m. on 26.7.1995. On the basis of this statement, formal FIR, Ex. PA, was recorded on 27.7.1995 at 4.15 a.m. Special Report was sent to the Ilaqa Magistrate on 27.7.1995 at 7.30 p.m. Ram Niwas, in his statement before Head Constable Parma Nand, has stated that he is a resident of village Khurana. His father Mohan Ram has three brothers. Eldest is Moman Ram, younger to him is Kesha Ram; Lachhman Dass is younger to Kesha Ram and Chhota Ram is the youngest. They all owned a Panjawa jointly towards the South East of the village. The Panjawa has been partitioned and they all have built up their respective houses. Chhota Ram and Kesha Ram had a doubt that complainant's father Moman Ram had excess land. Moman Ram, several times, asked Kesha Ram and Chhota Ram that they could have the Panjawa demarcated afresh. Kesha Ram and Chhota Ram nourished a grudge with this regard. On 26.7.1995 at about 7.00 A.M., complainant's father Moman Ram and the complainant himself, were sitting in front of their Baithak constructed on the Panjawa. Anita, aged about 10 years, daughter of Chhota Ram, came there carrying a Talsa (a flat iron pot). The Tasla contained rubbish. Complainant asked Anita not to throw rubbish on the piece of land, where she was throwing it, as it belonged to the complainant. She stopped from doing so. Chhota Ram and his son Wazir Singh, who were present nearby, heard the complaint stopping Anita. Both got angry and gave the complainant slaps and fist blows. Complaint shouted for help. Complainant's brother Balwant Singh came there. Wazir Singh and Chhota Ram then ran towards their own house and came back armed with a lathi and gandasi respective. Kesha Ram, Balraj and Suresh Kumar also came to the spot. On arrival, Wazir Singh gave a gandasi blow from its reverse side hitting the right side of the head of Balwant Singh. Suresh Kumar then gave a lathi blow on the back of Balwant Singh. Balraj and Kesha Ram gave blows with their respective lathis to Balwant Singh. The lathi blow given by Kesha Ram hit on the left and right arms of Balwant Singh. On hearing shouts, a number of people came there. On seeing the villagers coming, Wazir Singh, Balraj, Kesha Ram, Suresh Kumar and Chhota Ram ran away. Complainant's father Moman Ram along with the complainant removed Balwant Singh to Civil Hospital, Kaithal in a van. Since the condition of Balwant Singh was serious, the doctor referred him to PGI, Chandigarh. Complainant and the Appellants are closely related to each other. The pedigree -table of the parties is as under:

(3.) DATU Ram has three sons, namely, Moman Ram, Kesha Ram and Chhota Ram. Moman Ram had two sons, namely, Ram Niwas and Balwant Singh (deceased). Kesha Ram has two sons Balraj and Suresh Kumar. Chhota Ram has one son, namely, Wazir Singh. Ram Niwas is the complainant and Balwant Singh is the deceased.