BANDA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Banda Lal son of Bhuru aged about 22 years is the appellant here. He was put up for trial before the learned Sessions Judge, Sirsa along with two other persons viz. Kunj Bihari son of Milap and Shiv Parshad son of Badlu. The appellant Banda Lal was charged under Section 302 I.P.C. for committing murder by intentionally causing the death of one Budh Ram while the other accused person viz. Kunj Bihari and Shiv Parshad were charged under Section 302 read with Section 34 I.P.C. on the ground that in furtherance of their common intention they did commit murder of Budh Ram by intentionally causing his death. Kunj Bihari and Shiv Parshad were, however, acquitted of the charges but the learned Sessions Judge convicted the present appellant Banda Lal under Section 302 I.P.C. and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Rs. 500/- and in default of payment thereof, he was to undergo rigorous imprisonment for a further period of six months. Feeling aggrieved by the decision of the learned Sessions Judge, the appellant Banda Lal has come up in appeal.

(2.) The prosecution case is that the informant Malle Ram is a resident of village Diliha, District Sultanpur (U.P.). The deceased Budh Ram is also a resident of district Sultanpur (U.P.). They had come to Sirsa to do labour work in connection with construction work of telephone exchange building. The deceased Budh Ram is his brother-in-law. Both of them used to reside in the same hut. Many other labourers had also come for doing the manual work in connection with the construction of the said telephone exchange and they used to put up in huts near about the construction site. The labourers were celebrating SankrantiT festival on 14.1.1991. They had consumed some quantity of liquor on this festive occasion. Kunj Bihari and Shiv Parshad started quarreling with each other under the influence of liquor. Budh Ram tried to separate them but both Kunj Bihari and Shiv Parshad grappled with Budh Ram and in consequence, Budh Ram fell on the ground and became unconscious. Banda Lal arrived and gave a bala (wooden stick) blow on the head of deceased Budh Ram. Blood started oozing out from the mouth and nose of the Budh Ram. The other labourers, namely, Habib, Munshi, Munna Lal, Dohlan and others arrived. They took Budh Ram to Grover Hospital in a rickshaw for treatment where the doctor pronounced him dead. The deceased Budh Ram was brought back to the hut. The contractor was informed of the incident and the informant waited for the arrival of the contractor for the whole night. On the next day morning, on receipt of instruction from the contractor, Malle Ram reported the matter to the police.

(3.) On the basis of the report by Malle Ram, F.I.R. was lodged and investigation started. After the inquest was done, the dead body of Budh Ram was sent for post mortem examination on 18.1.1991. All the three accused persons were arrested and on the basis of the disclosure statement made by Banda Lal, the wooden bala was recovered, from under a tin in his hut. After completion of investigation, the police submitted charge sheet against all the three accused persons and this is how the case came up for trial before learned Sessions Judge, Sirsa. On completion of trial, learned Sessions Judge was pleased to acquit Kunj Bihari and Shiv Parshad but Banda Lal was convicted of the offence under Section 302 I.P.C. and sentenced, as aforesaid.