MANGA SON OF MAKKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) We will be deciding Criminal Appeal No. 439-DB of 2000 and Criminal Appeal No. 404-DB of 2000 by this common judgment, as they arise out of the same judgment/order dated 24.8.2000/26.8.2000 of the Additional Sessions Judge, Karnal, whereby he convicted Manga son of Makkar, Hari Dutt son of Telu Ram, Harphul son of Dhani Ram and Ram Mehar son of Siri Ram under Sections 302/323/324/325 read with Sections 148/149 I.P.C. and sentenced them to undergo imprisonment for life under Section 302 I.P.C. and various terms of sentences under different sections of the I.P.C. During the course of this appeal, Hari Dutt son of Telu Ram died. Appeal against Hari Dutt son of Telu Ram has thus abated.

(2.) The prosecution case is unfolded by the statement Ex.PQ given by Jagdish to ASI Bharat Singh at the Community Health Centre, Assandh on 10.1.1993. Jagdish stated that he is a resident of Village Salwan. His house is situated on the Kabulpur Road, Salwan. There are manure pits on the side of the road and thereafter is the Phirni (outer road). Houses of Hari Dutt and Dhani Ram sons of Telu Ram are situated along the Phirni. They have occupied some portions of the Phirni. Dhani Ram etc. have filed a civil suit against Jagdish and others which was pending in the Civil Court, Karnal, regarding the non-existence of manure pits between the Pucca road and Phirni. This case was decided in favour of Jagdish. Demarcation of the manure pits was done through the Halqa Patwari. On 10.1.1993, brother of the complainant Hari Singh, brought one cart load of earth soil for the manure pits. At about 12.30 p.m. Jagdish, his father Manphool, Bhag Singh son of Kabool Singh and Pawan Singh son of Bhag Singh all residents of Salwan along with Hari Singh started unloading the earth soil. At that time, Hari Dutt son of Telu Ram, Dhani Ram son of Telu Ram, Harphul son of Dhani Ram, Manga son of Makkar and Ram Mehar son of Siri Ram armed with lathis and Gandasis came there and started hurling abuses on the complainant party. They said that the manure pits are not their's and they will not allow them to unload the earth soil. Thereafter Dhani Ram gave a Gandasi blow on the head of Manphool, Manga also gave a Gandasi blow on the head of Manphool.

(3.) Manphool fell down and while he was lying, Hari Dutt and Ram Mehar inflicted Lathi blows on him indiscriminately. Dhani Ram thereafter gave a Gandasi blow on the head of Jagdish. Manga gave a Gandasi blow from the reverse side on the right side of the back of Jagdish. Ram Mehar gave one lathi blow on the left side of Jagdish's waist and another lathi blow on his left thigh. Hari Dutt gave a lathi blow to Jagdish on his right arm. Bhag Singh, Pawan Singh and Hari Singh tried to separate the accused and Manphool. Thereafter Hari Dutt and others caused injuries to Bhag Singh and Pawan Singh with their respective weapons. In the meantime, Som Dutt came and he along with Hari Singh rescued the complainant party. In the fight Manphool, Bhag Singh, Pawan Singh and complainant Jagdish were injured. They were taken to the Government Hospital, Assandh in a Rehra for treatment. On the basis of this statement, F.I.R. Ex.PQ/1 was recorded on 10.1.1993 at 6.15 p.m. at Police Station Assandh. Special report reached the J.M.I.C., Karnal on the next day i.e. on 11.1.1993, at 7 a.m. The prosecution to prove its case, brought into the witness-box Dr. Mithlesh Rani PW-1, Dr. M.K. Rana PW-2, Dr. Shashi Prabha PW-3, ASI Ram Parkash PW-4, Manohar Lal Draftsman PW-5, Constable Ramesh Kumar PW-6, HC Mam Raj PW-7, Bhupinder Kumar Ahlmad PW-8, Jagdish PW-9, Pawan Kumar PW-10, ASI Bharat Singh PW-11 and Inspector Rohtash Singh PW-12. Learned Counsel for the appellants has argued, that there is a delay in sending of the special report. F.I.R. Ex.PQ/1 is ante-timed. Occurrence had taken place on 10.1.1993 at 12.30 p.m. Deceased Manphool was admitted at 2.30 p.m. in C.H.C., Assandh. He was declared fit to make a statement at 5 p.m. Special report reached the J.M.I.C., Karnal on 11.1.1993 at 7 a.m. There is an unexplained delay of 18 hours. Inspector Rohtash Singh PW-12 in his statement before the Court has stated that a Gypsy was available in the Police Station. It has also come in the evidence of Constable Ramesh Kumar PW-6 who took the special report that there was a motor-cycle available in the police station. The Investigating Officer, was all along, wright from the time he came to know about the occurrence till the recording of the F.I.R., trying to help the complainant party.