HET RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment we are disposing of aforesaid Criminal Appeal and Criminal Revision as both are arising out of one and the same judgment dated 11/12.9.2003 of learned Sessions Judge, Sirsa. It is pertinent to mention here that the aforesaid revision was ordered to be heard along with Criminal Appeal No. 797-DB of 2003 vide order dated 27.4.2004. Record reveals that there is delay of 43 days in filing the revision and Criminal Miscellaneous No. 6212 of 2004 was filed along with the main revision petition. However, the said application was not decided. Since the main revision petition already stands admitted, we hereby condone the aforesaid delay in filing the main revision petition. Resultantly Criminal Miscellaneous No. 6212 of 2004 is hereby allowed.

(2.) Appellant Het Ram stands convicted under Section 302 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs 15,000/-, in default to further undergo RI for two years. Along with him, his son namely Banwari alias Subhash, Ramji Lal son of Kumbha Ram and Sultan son of Ramji Lal were also booked. All the accused were charged under Section 120-B IPC and under Sections 302/34 IPC whereas the appellant was charged substantively for Section 302 IPC. All the three aforesaid co-accused stand acquitted by the trial court. The admitted position is that State of Haryana has not preferred any appeal against their acquittal.

(3.) The first informant is Hari Parkash (PW2). He is son of Kanshi Ram (since deceased). In his statement Ex. PD which is the basis of registration of formal FIR Ex. PD/1, he alleges that his father Kanshi Ram had remained Sarpanch of village Dhingtania for about 25 years and commanded respect in the village. Many persons including the appellant had encroached upon the Panchayat land and constructed houses thereon. Smt. Saroj one lady Sarpanch was elected with their support. Panchayat had got removed encroachment from the Panchayat as per the policy of the Government and got demolished certain unauthorised houses including the house of appellant and many other persons. However, the appellant againt got it re-constructed on the same land belonging to the Panchayat which was again got demolished 3/4 days prior to the occurrence. His father Kanshi Ram had actively participated in the removal of un-authorised possession. Kanshi Ram was member of a Gram Vikas Samiti. On account of demolition of the houses, many persons of the village including the appellant were nursing grudge against his father. A few days prior to the occurrence, the appellant after consuming liquor had gone to the house gate of the deceased 2/3 times in his Jeep bearing Registration No. MP-05- 6589 and threatened him with dire consequences. He also abused him. It is then alleged that previously also when the house of appellant was demolished for the first time he accompanied by 4/5 persons in the Jeep had hurled abuses and passed certain threats to his father in the chowk (crossing). On account of the threats, his father started moving with Om Parkash his brother (PW3). It is then the case of the complainant that Kansi Ram used to go to the fields for morning walk daily which falls towards village Chauburja. On the fateful day i.e. 4.12.2001, he, his father and uncle Om Parkash left the house at about 6.30 AM for going to the field and when they reached in front of tubewell of Sahab Ram son of Ram Kishan, the appellant while driving his jeep reached there from behind. On seeing the Jeep, the complainant and his uncle Om Parkash proceeded towards one side of the road (north of the road) and Kanshi Ram abandoned the road and proceeded towards other side (southern side). Four/five persons were also sitting in the Jeep but he could not identify them properly being at some distance. The appellant turned the Jeep towards his father and struck it against him due to which his father first bounced on the bonnet of the Jeep and then fell on the ground. He received multiple injuries and became unconscious at the spot. The complainant and his uncle at once reached near the jeep but the appellant accelerated its speed and ran away from the spot towards village Chauburja. It is then alleged that 4/5 persons who were sitting in the jeep were exhorting appellant saying "Het Ram, run over Kanshi Ram under the jeep. He should not go escaped today". He then arranged a conveyance and brought Kanshi Ram to Civil Hospital, Sirsa. Thereafter he proceeded towards the Police Station but at Sagwan Chowk, SI Sher Singh PW14 who then was SHO of Police Station Sadar Sirsa and other police officials met him and recorded his statement Ex. PD, on the basis of which formal FIR Ex. PD/1 was recorded in the Police Station under Sections 307, 114 and 120-B IPC. On the same day, Kanshi Ram expired in the hospital at 1.15 PM. On receipt of ruqa/information Ex. PO to the that effect Section 302 IPC was added. A special report was then sent to the concerned Magistrate through Constable Ram Prashad PW10 which was received by the Ilaqa Magistrate at 8.30 PM.