RAM BILAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of mine shall dispose of the Criminal Appeal No.S-233-SB of 2003 and Criminal Revision No.757 of 2003, as both these have arisen out of the same judgment and order on the quantum of sentence dated 10.01.2003 and 13.01.2003, respectively.

(2.) Criminal Appeal No.S-233-SB of 2003 has been filed by accused-appellant Ram Bilas against the judgment of conviction dated 10.01.2003 vide which, he has been held guilty and convicted for the offence punishable under Section 307 of the Indian Penal Code, 1860 (here-in-after called the 'IPC') and the order on quantum of sentence dated 13.01.2003 vide which, he has been sentenced to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs.1000/-, in default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of one month.

(3.) The brief facts giving rise to this prosecution are that Manphool, the husband of complainant Lakhpati had five brothers namely Het Ram, Net Ram, Surjit, accused-appellant Ram Bilas and Om. Her husband along with his brothers Het Ram had entered into an agreement to purchase the agricultural land measuring 4.5 acres from accused-appellant Ram Bilas and Surjit (co-accused since acquitted), who are the real brothers of her husband for a sum of Rs.5,00,000/-. At the time of the agreement, the entire sale consideration was paid by her husband to the accused. They promised to transfer the land in favour of her husband. But later on, they refused to do so. On 29.01.2001, at about 12 O'clock, in the noon a Panchayat of brotherhood was convened in connection with the said land dispute. Jai Lal, Shree Ram, Het Ram and Ami Lal were the members of the Panchayat. The Panchayat was convened at the house of accused-appellant Ram Bilas. The husband of the complainant was also summoned in the Panchayat of the brotherhood. During the proceedings of the Panchayat, the accused-appellant and his co-accused Surjit got furious. The complainant on hearing the noise, cautioned her husband Manphool to save himself from the accused. Accused-appellant Ram Bilas went on the roof of his house having two bricks in his hand. When the husband of the complainant tried to slip away from the Panchayat, he was caught hold by co-accused Surjit. Accused-appellant gave two bricks blows one after the other, hitting on the right side of the head of the husband of the complainant. Her husband became unconscious. The accused escaped from the spot. Injured Manphool was taken to Civil Hospital, Adampur. Thereafter, he was shifted to V.K. Neuro Care Hospital, Hisar by the complainant. As the injured was unfit to make the statement, the Investigating Officer recorded the statement of Smt. Lakhpati, the wife of injured, Ex.P11. On the basis of which, formal FIR Ex.P13 was recorded and investigation was initiated.