KARAM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THERE were in all 17 accused in this case (out of whom Niranjan Singh had died during the course of trial), who faced trial for committing offence punishable under Sections 148/302/323/324/325, 506/149 IPC. Out of these 16 accused, learned trial Court held Sohan, Gian Chand, Karam Chand, Rakma, Chotu and Jagat Ram guilty and convicted them vide judgment dated 31.03.2008 for commission of offence punishable under Sections 304 Part -II, 323,324, 325 and 148 read with Section 149 of the Indian Penal Code (for short 'IPC').

(2.) REMAINING 10 accused namely Bachna Ram, Vikram Singh, Ishwar Chand, Darshan Lal, Pala Ram, Jaspal, Rishi Pal, Naib Singh, Ramesh Singh and Suresh Pal were acquitted by giving benefit of doubt to them. Vide order on sentence dated 03.04.2008, convicts were sentenced to rigorous imprisonment for six years and to pay a fine of Rs. 1,000/ - each with default clause for committing offence punishable under Section 304 Part -II IPC; rigorous imprisonment for two years each for committing offence punishable under Section 325 IPC; rigorous imprisonment for one year each for committing offence punishable under Section 324 IPC; rigorous imprisonment for six months each for committing offence punishable under Section 323 IPC and rigorous imprisonment for one year each for committing offence punishable under Section 148 IPC. All the substantive sentences were ordered to run concurrently against each convict. Against the aforesaid judgment of conviction and order on sentence, accused -appellants Sohan, Gian Chand, Karam Chand, Rakma, Chhotu and Jagat Ram have come up before this Court in appeal. Whereas Mala Ram - complainant of this case, filed criminal revision against the acquittal of aforementioned 10 accused.

(3.) BRIEFLY , prosecution case is like this; that on 06.06.2001, a telephonic message was sent to police station Shehzadpur from Police Post Urban Estate, Ambala City, to the effect that a fight had taken place on the previous night in the village Dhanana and 11 persons injured in that occurrence were admitted in Civil Hospital, Ambala City. On this, H.C. Kulwant Singh (PW -18) alongwith Constable Sukhbir Singh went to the Police Post, Urban Estate, Ambala City and after collecting the medical ruqa and MLRs from there, he had gone to Civil Hospital Ambala City. Medical opinion about the injured was obtained from the doctor. Doctor on duty told that injured Karam Chand and Ratan were referred to PGI, Chandigarh. Injured Mala Ram, Surmukh, Surinder Kumar, Suresh Kumar, Ramesh Kumar and Bhola were declared fit for making the statement. Thereupon, H.C. Kulwant Singh, recorded statement of Mala Ram as Ex.PA. As per statement of Mala Ram, on 05.06.2001; his brother Ratna was returning home from Shehzadpur at about 10:00 P.M., when he reached in front of his drawing room (baithak) in the street which is a thoroughfare, Jagat Ram son of Dharam Pal armed with gandasi, Chhotu son of Soran Ram armed with gandasi, Karam Chand son of Soran Ram armed with danda, Sohan son of Hari Ram armed with gandasi, Naib Singh son of Hari Ram armed with barchi, Jaspal Singh son of Hari Ram armed with danda, Ramesh Kumar @ Mesha son of Niranjan Singh armed with lathi, Bablu son of Niranjan Singh armed with lathi, Pala Ram son of Karam Chand armed with kirpan, Darshan Lal son of Amar Singh armed with kirpan, Bachna Ram son of Dila Ram armed with danda, Vikram Singh @ Vicky son of Bachan Singh armed with lathi, Suresh armed with barchi, Ishma armed with fawra, Rakam Singh son of Dharam Pal armed with lathi and Gian Chand son of Dharam Pal armed with danda, all residents of Dhanana, were standing there. They caught hold of Ratna whereas Jagat Ram and Chhotu gave gandasi blows on the head of Ratna. On this, Ratna raised alarm by shouting 'Mar diya -Mar diya' which attracted complainant -Mala Ram and his brother Karam Chand. When they intervened in order to save Ratna, Sohan gave a gandasi blow on the head of Karam Chand. Rakma gave a lathi blow on the back of Karam Chand. Gian Chand gave a danda blow on the head and legs of Karam Chand. Chhotu attacked with gandasi on his (complainant) head. Karam Chand also gave danda blows on his legs and left shoulder. Complainant raised alarm by shouting 'Bachao -Bachao' which attracted Bhola, Ramesh, Suresh, Surinder Kumar and Surmukh Singh. All the aforesaid accused inflicted injuries on their person with lathi, gandasi, kirpan and dandas. Jarnail Singh son of Amra as well many villagers reached the spot. Thereafter, all the aforesaid accused along with their respective weapons and by giving a lalkara, left the spot. While leaving the spot, they gave threat to the life of complainant party that on that day, they were saved, however, as and when they get an opportunity they shall kill them.