KALU ALIAS KALU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT -Kalu has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/-, in default whereof, he has been ordered to further undergo RI for one year. His co-accused, appellants Dhir Singh, Mahabir @ Mahabir Singh and Jai Parkash, his sons, and Jai Dayal son of Mir Singh have also been convicted under Section 302 of the Indian Penal Code but with the aid of Section 34 IPC and have been sentenced to undergo life imprisonment. All the appellants have also been convicted under Section 323 read with Section 149 IPC and sentenced to undergo RI for six months as also under Section 148 IPC to undergo RI for one year. All the substantive sentenced have, however, been ordered to run concurrently. The present appeal has been filed by the appellants against the order of conviction and sentence recorded by the learned Addl. Sessions Judge, Sonepat, dated May 4, 1993, convicting them in the manner indicated above.

(2.) THE facts leading to death of Prem Wati wife of Daya Nand and injuries sustained by Daya Nand and Hari Parkash PW6 and PW7 respectively, were brought to the notice of ASI Sham Singh, PW9, who recorded the statement of Daya Nand, PW6 at 12.15 PM on February 10, 1991. His statement was recorded at Civil Hospital, Sonepat, on the basis of which DDR No. 29 came to be recorded in Police Station Rai at 9.05 P.M. The formal FIR was recorded on Feburary 22, 1991 at 8.15 AM on the basis of daily diary report, referred to above, under Section 308 read with Section 34 IPC. Prem Wati died on February 22, 1991 at 3.35 PM in Ram Manohar Lohia Hospital, Delhi, for which reason the offence was converted to Section 302 IPC. Daya Nand stated before ASI Sham Singh that he was resident of village Jakholi and used to go to village Tikri in order to teach there. The day of occurrence being a holiday, he was present at the village. His wife Prem Wati and he were going to meet his brother Daya Nand to the village. At about 12.15 PM when they reached in front of the house of Pt. Narain Dutt, in the public lane, Rattan son of Lajja and Kalu s/o Lajja Ram were quarrelling with each other over a manure pit (KURDI). Kalu Ram said, "You have come to help Rattan. Let me first deal with you." Kalu Ram was holding a lathi in his hand. He gave a lathi blow on the head of his wife Prem Wati. Thereafter, Jai Parkash son of Kalu Ram came there while holding a lathi in his hand. Immediately on reaching there, he gave a lathi blow on his head. He gave another lathi blow on his left wrist. Thereafter, Dhir Singh son of Kalu, Mahabir son of Kalu and Jai Dayal son of Mir Singh came there one after the other while holding lathis. His wife Prem Wati fell on the ground. While she was lying fallen, Jai Parkash gave a lathi blow on her waist. He raised an alarm "Mar Dia, Mar Dia" (Killed, killed). On hearing the alarm, Hari Parkash son of Gopi Ram, who was his cousin, came running. Jai Parkash and Dhir Singh gave lathi blows to him also which landed on his head and hands. Pt. Narain Dutt and Laxmi Narain also reached there and rescued them from the assailants, otherwise they would have caused them more injuries. Thereafter, his brother Daya Nand brought them to the hospital in a three-wheeler and got them admitted.

(3.) DR . H.R. Singal stated that he had medico-legally examined Smt. Premo on February 10, 1991 at 2.25 PM and had found following injuries on her person :-