BIRU & ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment/order dated 20.9.1992/22.9.1999 of the Additional Sessions Judge, Hissar whereby he convicted appellants Biru, Ram Karan, Sultan, Ram Singh, Bahadar, Chokha, Leelu, Hari Ram, Guddi and Ram Payari under Sections 302/149 I.P.C. and sentenced them to undergo imprisonment for life. He also convicted them under Section 148 IPC and sentenced them to undergo R.1. for three years and to pay a fine of Rs.500/ - each.

(2.) THE prosecution case is unfolded by the statement of Aad Ram complainant (PW -8) given to ASI Jagbir Singh at Police Station Sadar, Hissar on 2.7.1994. Aad Ram stated that he is a resident of Village Gangwa and is an agriculturist by procession. He lives in his fields. He had constructed his Dhani (Farm house) in his fields and lives there with his family members. The Dhani is at a distance of 2 -112 kms. from the village. He has three sons and six daughters. His five daughters are married and the youngest daughter Santosh is still a spinster. She is studying in V Class in Village Gangwa. Her age is 13/14 years. The complainant has a civil dispute pending with Biru, Ram Karan sons of Chandu, Sultan, Hari Ram Lilu sons of Kanshi Ram and Chokha etc., who are Kumhars by caste. They are all residents of Village Gangwa. These persons had threatened the complainant several times and proceedings under Sections 107/151 Cr.P.C. were initiated by the police between both the parties. The above named persons also live in their Dhani, in their fields. Their Dhanis are near that of the complainant.

(3.) IN the police proceedings, ASI Jagbir Singh recorded that Aad Ram came to the police station and his statement was recorded, and after reading it out to him, Aad Ram admitting it to be correct, thumb -marked the statement Ex.PE and an offence under Sections 302, 149, 148 IPC was made out. On the basis of this statement F.I.R. was recorded. Special reports were sent.