LALA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Lala Ram, Teja Singh and Bhup Singh have filed this appeal against the judgment of the Sessions Judge, Narnaul, dated 26th of May, 1984, by which Lala Ram was convicted under section 302, Indian Penal Code, and was sentenced to undergo imprisonment for life. Teja Singh and Bhup Singh were convicted under section 326 read with section 34, Indian Penal Code, and each of them was sentenced to undergo five years R.I. The State of Haryana has also filed an appeal (Criminal Appeal No. 583-DBA of 1984) against the acquittal of Teja Singh and Bhup Singh under section 302, Indian Penal Code. Both the appeals having arisen from the same judgment are being decided together

(2.) The prosecution case briefly stated is as follows: Mohinder (P. W. 6) resident of village Katubpur in district Narnaul, had gone to Kishangarh on 7th of August, 1983, to attend a fair in which people sell and purchase leather. Lala Ram and Bhup Singh appellants of the same village had also gone to Kishangarh on that day to attend the fair. In the evening on the following day, that is 8th of August, 1983, all of them took a train at 6 P.M. from Railway Station, Bharawas, to return to their village. In the way the appellants Lala Ram and Bhup Singh abused Mohinder (P.W. 6) for having sold leather at a lower rate. Mohinder (P.W.6) on reaching home found his brother Parma Nand deceased standing on the steps outside the baithak of the house. His father Shadi Lal (P.W. 3) was also there. He told his father and the deceased Parma Nand as to what had happened in the way. After narrating the incident Mohinder went away to answer the call of nature. Soon thereafter, at about 8-15 P.M. all the three appellants came there. Lala Ram was carrying a knife. The other two appellants were unarmed. They started abusing the deceased as well as Shadi Lal (P.W. 3). Bhup Singh and Teja Singh took Parma Nand deceased in their grip. Lala Ram gave two knife blows to him, one on the face and the other on the neck. Chander (P.W.4) and Sher Singh (P.W. 5) were also attracted to the place of occurrence and witnessed the incident. After causing injuries to Parma Nand, the appellants ran away. Parma Nand was rushed to Chil Hospital, Rewari, where he was declared dead. Dr. B.K. Sharma (P.W. 1) sent information regarding the violent death of Parmanand to the police in pursuance of which A.S.I. Shiv Narain (P.W. 11) of Police Station, Saddar, Rewari, reached the hospital and recorded the statement (Exhibit P.F.) of Shadi Lal (P.W. 3). On the basis of this statement a formal First Information Report (Exhibit PF/2) was framed at Police Station Saddar, Rewari. A.S.I. Shiv Narain prepared Inquest Report (Exhibit PB/3) and applied for the performance of post-mortem examination on the dead body of Parma Nand. The autopsy was performed by Dr. S.K. Sansanwal (P.W. 2) who discovered the following injuries thereon: - 1. Incised wound over the left side of face cutting the lower lip on the left side, face over left to the chin upto the angle of mendible. Muscle and tissue was found cut. Bone gums and teeth were visible. It was 10 cm X 3.5 cm gaping. 2. Incised wound 8 cm X 4 cm over the neck just left to the mid-line vertical in direction, Platisma and muscle tissue were found cut. Blood was oozing. Trachea slit was open in the middle. Carotid sheet and large carotid vessels were found out. Depth of the wound was upto the cavity of the trachea.

(3.) Abrasion over the right knee; 3 cm x 2 cm