SUMER SIS RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAJBIR , Sumer, Surinder and Narinder Kumar, sons of Sis Ram and Azad Singh son of Parbhu, all residents of Village Mehmoodpur, Police Station Gohana were committed by the S. D. J. M. , Gohana for their trial under Sections 148, 302 and 323 read with Section 149, I. P. C. for having formed an unlawful assembly in the area of Village Mehmoodpur in furtherance of their common object of the said unlawful assembly for having caused murder of Ram Mehar son of Maha Singh and also for having intentionally caused grievous and simple hurts to Smt. Sahbo and Hari Kishan, PWs.

(2.) AFTER their trial, the learned Additional Sessions Judge, Sonepat convicted all the above said accused under Sections 148 and 302/149, I. P. C. for causing death of Ram Mehar in furtherance of their common object for forming unlawful assembly being armed with deadly weapons in the field of Ram Mehar; under Sections 324/149, I. P. C. for causing hurt with sharp-pointed weapon on the person of Smt. Sahbo and Hari Kishan and also under Sections 323/149, I. P. C. for causing simple hurts to Smt. Sahbo and Hari Kishan, PWs, vide judgment of the learned Additional Sessions Judge, Soneput dated 11-12-1993. Accordingly, all the five accused were sentenced Under Section 148, I. P. C. to undergo rigorous imprisonment for two years each and were further sentenced under Section 302 read with Section 149, I. P. C. to undergo rigorous imprisonment for life each and to pay a fine of Rs. 2,000/- each. In default of payment of fine, they were further ordered to undergo rigorous imprisonment for two years each. All the five accused were further sentenced under Section 324 read with Section 149, I. P. C. to undergo rigorous imprisonment for one year each and under Section 323 read with Section 149, I. P. C. , to undergo rigorous imprisonment for six months each vide the judgment of the learned Additional Sessions Judge, Sonepat dated 14-12-1993.

(3.) THE State machinery moved into action on the statement of Inder Singh P. W. 6 which was recorded by Nate Singh, S. I. /s. H. O. on 21-6-1990 at 9. 15 a. m. at Fountain Chowk Gohana on the basis of which formal F. I. R. Ex. PA/1 was registered at Police Station Gohana at 9. 30 a. m. Inder Singh stated that he was a resident of Village Mehmoodpur and did cultivation. Maha Singh son of Giani Ram, resident of Village Mehmoodpur is his cousin through brotherhood. Inder Singh further stated that a day before the date of occurrence, the wife of Hari Kishan son of Giani Ram had corne to the house of Maha Singh of their village and Sumer Singh son of Sis Ram son of Hari Singh resident of the village and. Azad Singh son of Prabhu Jat resident of the village had cut an indecent joke at the wife of Hari Kishan. Hari Kishan saw them cutting filthy jokes in the street and had lodged a protest on this account. Hari Kishan and his brother Ram Mehar had reprimanded Azad and Sumer Singh and had scared them away saying, "do not come here in future. Do not you have women-folk in your houses. " On that account, an altercation had ensued among them. Sumer and Azad in a fit of rage, had challenged them saying, "come out of the house and we will teach you a lesson then. " He-had separated them. On 21-6-1990 at about 6. 30 a. m. , he had gone to answer the call of nature in the field of Maha Singh situated at a distance of 2 1/2 killas from the village. Phool Singh son of Ram Parshad of the village was also present there. Ram Mehar son of Maha Singh and Sunita daughter of Maha Singh were weeding out grass with Kasola from the sugarcane field. Azad son of Parbhu and Sumer Singh each armed with a Pharsa like Gandasa, Rajbir Singh and Surinder sons of Sis Ram armed with Jaili and Narinder armed with lathi were sitting near the fence on the kacha path near the tubewell. On seeing Ram Mehar in the field, Sumer gave a lalkara saying, "get ready. Today we will teach you a lesson for hurling abuses. " On hearing this, Ram Mehar gave up weeding out grass from the sugarcane field, reached the Kotha of his tubewell and asked them that they should mind their own business. Immediately on saying so, Sumer gave a Gandasi blow from its sharp side on the head of Ram Mehar. Azad Singh, Ragbir, Surinder and Narinder all attacked upon Ram Mehar. Azad Singh gave a Gandasi blow to Ram Mehar which hit on his foot and he fell down and raised an alarm of 'bachao Bachao' (Save, Save ). While Ram Mehar was lying fallen down, the accused caused more injuries on his legs, arms and waist with their respective weapons. He (Inder Singh) and Phool Singh raised noise advising them not to beat him as it would constitute an offence. The accused after injuring Ram Mehar, went away towards the village with their respective weapons after leaving Ram Mehar unconscious. On seeing the occurrence, Sunita rushed towards the village while weeping and Phool Singh stayed there for sometime and found that Ram Mehar had succumbed to injuries at the spot. After some time, Suresh brother of the chowkidar came there. Leaving Suresh at the spot, Phool Singh and he came back to their respective houses. Later on, they came to know that the aforesaid accused persons after committing the crime, had also caused injuries to Smt. Sahbo, mother of the deceased and Hari Kishan brother of the deceased on their way to the fields from the village. They had also gone to the Civil Hospital. Gohana with Bhim Singh. When he was going to lodge a report, Nafe Singh S. I. /s. met and he got recorded his statement. It was heard by him and admitted to be correct and action was sought to be taken on the report.