GHARSI RAM AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS Gharsi Ram and Madan Lal have challenged the judgment of conviction dated 01.08.2002 and order of sentence dated 05.08.2002, whereby, both the appellants were convicted for the offences under Section 302 IPC read with Section 34 IPC and sentenced to undergo imprisonment for life and also to make payment of fine of Rs. 500/ - each and in case of default in payment of fine, to further undergo rigorous imprisonment for six months.

(2.) BRIEFLY , prosecution case is that on 08.04.2001, medical ruqa was received in General Hospital Adampur. ASI Siri Bhagwan recorded statement of Angoori Devi wife of Satbir. As per Smt. Angoori Devi, she was married to Satbir (since deceased) about one year back. On that night at about 8 or 8.30 p.m., she was preparing food. Her niece Smt. Saroj was also present along with her. Meanwhile Satbir (since deceased) came running to the house and picked up lathi and was making an attempt to go out of the house. Smt. Angoori Devi interrupted him and asked him not to take lathi along with him. Satbir told Smt. Angoori that Madan Lal and Gharsi Ram were after him. Smt. Angoori Devi and Saroj told him not to quarrel with them and snatched the lathi. However, Satbir went to the street and both of them followed him. As per complainant, at that time Satbir was caused injuries with lathis by both the appellants and the injuries were caused on the head of Satbir Singh. Smt. Angoori Devi and Smt. Saroj tried to snatch the lathis from them and in the process, Gharsi Ram gave a lathi blow to Saroj. They cried for help 'MAAR DIYA MAAR DIYA' which attracted Chattar Singh, brother of the deceased. Satbir fell down with injuries as Smt. Angoori Devi and Smt. Saroj cried for help 'BACHAO BACHAO' which attracted persons from the neighborhood and Madan Lal and Gharsi Ram fled away along with their respective lathis. Satbir was shifted to General Hospital for treatment and the doctor declared him dead. Saroj and Chattar Singh were admitted in the hospital and they were medically examined. Post -mortem examination of dead body of Satbir was got done. As per complainant, motive for causing injuries to Satbir was that both the appellants were interested that Satbir should perform marriage with cousin of Smt. Angoori but Satbir performed marriage with Smt. Angoori Devi and on that account both of them were having ill -will.

(3.) DURING the investigation of the case, ASI Siri Bhagwan conducted inquest proceedings in respect of dead body of Satbir Singh. The dead body was, thereafter, handed over to C. Karan Singh and C. Randhir Singh for post -mortem. The statements of the witnesses were recorded. ASI Siri Bhagwan then went to the spot, lifted the blood stained earth and prepared the rough site plan of the place of occurrence. Subsequently, an application was given by SI Kapoor Singh and the medico -legal examination of the deceased was done by Dr. Saroj Bhukal. Injured Saroj and Chattar Singh were also medico -legally examined. Both the accused were, thereafter, arrested on 12.4.2001. Pursuant to their respective disclosure statements, they got recovered a lathi each from the designated place. After completion of the investigation, both the accused were challaned. The case was, thereafter committed to the Court of Sessions. Charges under Section 302 IPC read with Section 34 IPC were framed against them, to which they pleaded not guilty and claimed trial.