RATI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant-Rati Ram son of Udey Chand resident of Bado Patti was tried, convicted and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/- or in default of payment of fine to undergo rigorous imprisonment for a further period of six months for offence under Sections 302 IPC. He was also sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- or in default of payment of fine to undergo further imprisonment for three months under Section 27 of the Arms Act. It was ordered that both the substantive sentences would run concurrently.

(2.) THE case was started on the complaint of Mange Ram son of Prabhu Ram resident of village Bado Patti. The complaint was made to the police at the Bus Stand, Sarsod. Briefly stated, the fact of the case is as follows.

(3.) ON 28.12.1990, at about 12.00 noon, the complainant went out to their field alongwith his father for a around. While going round the fields, they got separated and he reached near the grapes orchard while his father went towards wheat crop field adjoining Sarson field. Ram Lal and Ram Dutt, the uncles of the informant were sitting on the metalled road adjoining their wheat crop field and were gossiping. Suddenly, at about 3.00 p.m., the informant heard sound of fire shot coming from the wheat crop field and on hearing the sound, he reached towards that field and so also his uncles Ram Lal and Ram Dutt. As they approached towards this wheat crop field, Rati Ram son of Udey Chand fired a shot from his pistol towards his father Prabhu Ram, from a short range. Out of fear, Prabhu Ram started running and entered the kotha of the field to save himself. Rati Ram followed him to the kotha and in the kotha, he fired another shot from his pistol from a short range at his father Prabhu Ram. Out of fear, Mange Ram and his uncles did not go near the place of occurrence but watched it from a distance. Rati Ram ran away from the spot with his pistol. After he left, all of them entered the kotha and found Prabhu Ram dead. The face of Prabhu Ram was besmeared with blood. They did not try to apprehend Rati Ram out of fear.