RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Ram Sarup, Ram Niwas, Vijay Kumar, Mukesh, Virender, Vikram, Prem alias Sher Singh, Shalender, Mahender, Goni Ram and Sher Singh against the judgment/order dated 1.7.2003/5.7.2003 of the Additional Sessions Judge (Adhoc), Hissar whereby he convicted the appellants under Sections 302/149 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 500/- each and in default, to further undergo RI for six months. Appellants were also convicted under Sections 323/149 IPC and sentenced to undergo RI for six months. Appellants were also convicted under Section 148 IPC and sentenced to undergo RI for one year.

(2.) THE case of the prosecution is unfolded by the statement Ex. PM of Atma Ram son of Mani Ram given to ASI Balbir Singh at Police Station Adampur on 10.8.2000 at 4.05 a.m. Atma Ram stated that he is living along with his family in a Dhani in his fields. On 9.10.2000 at 10 p.m., he along with his brother Rajinder, sister Geeta Devi, wife Salochna Devi, Chachi Birma Devi, Sehdev son of his Phua (father's sister's son) were sleeping in the Dhani. His father Mani Ram was sleeping near the tubewell about 1-1/2 killas away. At about 10 p.m., Mani Ram, Het Ram, Goni, Ram Sarup, Parkash, Mahender, Sunder, Sher Singh, Neki Ram, Subhash, Virender, Gopi Ram, Laddu Ram, Vijay Singh, Shalender, Mukesh, all armed with Lathis came with a common object to the tubewell. On coming there, they raised a lalkara asking Mani Ram to call his son as they would now teach him a lesson. On hearing the lalkara, Mani Ram shouted in a loud voice saying, "Atma Ram, come running, Goni etc. have come to kill us". Complainant Atma Ram thereafter along with his brother Rajinder, Salochna, Geeta Devi, Birma Devi and Sehdev came running to the tubewell. Goni Ram etc. started giving blows to Mani Ram. Atma Ram along with others tried to rescue his father but they were also given injuries by the accused with their respective weapons. All of them broke the right leg of Mani Ram and inflicted a number of injuries on both hands and waist of Mani Ram. They also inflicted injuries to complainant Atma Ram on his head and left hand and waist. On hearing the noise, Jagdish son of Natha Ram came to the spot to rescue them, but he was also given injuries. The cause of grudge is that Mukesh, Sunder etc. with the excuse of doing exercises, used to come to the Dhani, but in fact kept a bad eye on the complainant's daughters. This was objected to by the complainant. After giving injuries, accused went to their Dhani taking their weapons along with them. On the basis of this statement, FIR Ex. PM-1 was recorded. Special report reached the JMIC, Hissar on 10.8.2000 at 9 a.m.

(3.) THIS Court vide order dated 2.5.2006, had directed the Additional Sessions Judge (Adhoc), Hissar to hold an enquiry as to whether Mukesh son of Laddu Ram was a juvenile or not on the date of occurrence. The Additional Sessions Judge vide his order dated 21.7.2006, after holding a detailed enquiry, concluded that appellant Mukesh son of Ladhu Ram on the date of occurrence was a major and not a minor.