MITHU RAM AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants have filed the present appeal for challenging the judgment and order dated 4/6.2.2003 passed by learned Additional Sessions Judge, Fatehabad whereby they were convicted and sentenced as follows: - -

(2.) All the sentences were ordered to run concurrently. The period already spent by them behind the bars during trial of the case was ordered to be set off against the sentences of imprisonment imposed upon them.

(3.) The case of the prosecution, in nutshell, is that on 20.2.1999 at 10.05 a.m., complainant -Mani Ram went to Police Station Sadar, Fatehabad and got recorded his statement before Inspector Balbir Singh, Station House Officer that he was resident of village Hijrawan Kalan and working as a labourer. He was also member of the Block Samiti. About nine months ago, Guddi Bai wife of Mithu Ram got registered a criminal case against him and Saman Ram besides others regarding a quarrel which took place on account of Tara Chand @ Gholu Ram uttering filthy abuses to the daughter of his maternal uncle Joginder Singh. In the said criminal case, challans were presented against the complainant party as well as against Mithu Ram and others and the case was to be heard on 22.2.1999 in the Fatehabad Courts. Even on the preceding night, Mithu Ram abused Pappu Ram son of Fatta Ram and told him that he would not allow him to attend the hearing of the case. Further, on 20.2.1999 at about 8.30 a.m., when complainant -Mani Ram alongwith, Saman Ram, Pappu Ram, Mohinder Ram and Sammi Bai wife of Fatta Ram, was sitting in front of the house of Mohinder Ram and talking about the hearing of the case, Mithu Ram armed with his licenced gun, Tara Chand @ Gholu Ram carrying an iron rod and Guddi Bai holding a danda reached there from the side of the chowk. They were raising lalkaras that they would teach a lesson for falsely implicating them in the case. Saman Ram started running towards the house of Mohinder Ram, Mithu Ram fired from his licenced gun, which hit Saman Ram below his left shoulder and, as a result, Saman Ram fell down. Gholu Ram gave iron rod blow on the left ankle of Pappu Ram, while Guddi Bai gave a danda blow on the right arm of Sammi Bai. When the complainant party raised an alarm, the assailants decamped from the spot while carrying their respective weapons. Saman Ram breathed his last at the spot due to receipt of fire arm injury. After leaving Dhuli Ram and Battu Ram at the spot, the complainant left for reporting the matter to the police. Consequently, FIR No. 46 dated 20.2.1999 (Ex. PD) was registered at Police Station Sadar, Fatehabad.