RAM DHARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been brought against the judgment of conviction dated 10th of June, 1997 and order of sentence dated 13th of June, 1997 passed by the Sessions Judge, Sonepat, against Ram Dhari son of Chhatru, aged 54 years, Suresh son of Zulfi, aged 32 years, Ram Kumar son of Chhatru, aged 49 years and Raju son of Ram Narain, aged 26 years. The said appellants were convicted under Section 302 read with Section 149 IPC to undergo life imprisonment and a fine of Rs. 5,000/- and in default, RI for two years, and under Section 148 IPC to undergo RI for a period of one year each. Zulfi was another accused in the case who expired during the pendency of the trial on 23rd of September, 1995.

(2.) THE prosecution case is that Dr. Labh Singh (PW-3) sent ruqa (Ex.PC/2) on 5th of February, 1993 to Police Post, General Hospital, Sonepat with regard to admittance of Satbir son of Surja (complainant, PW-S) at 10.20 PM. On the said ruqa, statement of Surja son of Bakson was recorded as Ex. PH by ASI Ram Avtar (PW-12) on the doctor declaring Satbir unable to give his statement. The writing was sent to the police station for registration of the case under offences under Sections 308/506 IPC at 3.15 AM on 6th of February, 1993. Resultantly, FIR bearing No. 35 was registered in Police Station, Sadar Sonepat at 6.30 AM. The report was received by the ACJM on 8th of February, 1993 at 11.50 AM.

(3.) THE investigation was set in motion. Satbir was referred to Medical College and Hospital, Rohtak where he expired on 9th of February, 1993. Accused were challaned under Sections 304/506/34 IPC. Court however charged the accused under Section 302 IPC for committing the murder by intentionally causing death of Satbir against Raju, Ram Dhari, Zulfi, Suresh and Ram Kumar.