ATMA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Sessions Judge, Hissar, dated June 1, 1992, whereby Atma Ram, appellant, has been convicted under Section 302,- Indian Penal Code, and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- or in default of payment of fine, to further undergo rigorous imprisonment for two years for committing the murder of Ram Sarup. Bishna Ram, co-accused of Atma Ram, appellant, was tried for the offence under Section 302 read with Section 34 of the Indian Penal Code, but was acquitted.

(2.) THE case of the prosecution, briefly stated, is as under :

(3.) ON the evening of November 13, 1990, Devi Lal and his brother Munshi Ram were sitting in their house when a lump of earth (Dalla) or stone landed into the compound of their house. Munshi Ram came to see as to who had thrown the lump. He saw Bishna Ram standing on the wall of his house. He enquired from Bishna Ram as to why he had thrown the Dalla into their house, whereupon Bishna Ram retorted that the dallas would continue to be pelted in the same manner. Munshi Ram came inside the house and told Devi Lal about it. Thereafter Devi Lal and Munshi Ram heard a lalkara and on coming out of their house they saw that Atma Ram accused was present on the ladder inside the house of Bishna Ram, whereas Bishna Ram was standing on the wall. In meanwhile, Ram Sarup, who was covering himself with a blanket, came there and enquired from Atma Ram accused as to how he was present there with a gun and what the matter was. Thereupon Atma Ram accused told Ram Sarup that he had been objecting to his visit to the house of Bishna Ram and that he would finish the objection immediately and saying so, the accused fired a shot from his gun hitting Ram Sarup on his chest and on receipt of gun shot injury Ram Sarup fell down. Bishna Ram, who was wielding a kulhari, struck blows with it which hit against the wall. On the alarm raised by the complainant side, many people of the village gathered there and the accused ran away from the spot. Devi Lal proceeded to report the matter to the police and when he reached at Dariyapur Barrier, he met S.I. Sher Singh, S.H.O. of Police Station, Fatehabad, who along with Head Constable Prem Kumar and Constables Phool Kumar and Bhankar Ram was on patrol and checking duty. P.W.5 Devi Lal made statement, Ex. PE, before Sher Singh: Sub Inspector and it was read over to Devi Lal, who signed it in token of its correctness. S.I. Sher Singh after making his endorsement, Ex. PE/l, thereon sent it to Police Station, Fatehabad, through Constable Bhankar Ram and on its basis formal F.I.R. was recorded at 10.50 P.M. on the same day vide D.D.R. No. 50. Special report was received by the Ilaqa Magistrate at 12.00 A.M. on the same night.