STATE OF HARYANA Vs. RAM PHAL AND ORS.

JUDGEMENT

(1.) The State of Haryana has challenged the judgment dated 29.09.1997 passed by the learned Sessions Judge, Jind, acquitting the respondents of the charge framed against them under Sec. 302 read with Sec. 34 of Indian Penal Code.

(2.) The facts, in brief, are that on 14.02.1994, ASI Ram Chander received a V.T. Message regarding admission of Bani Singh, resident of Village Kharak Ramji in Civil Hospital, Jind in injured condition. He collected Medico Legal Report from Police Station City Jind and reached Civil Hospital. He sought opinion from doctor whether Bani Singh was fit to make statement or not. Bani Singh was declared fit to make statement at 4.00 P.M, therefore, his statement EX PN/2 was recorded by the Investigating Officer. According to Bani Singh, on 12.02.1994 he had gone to Pillukhera for brining fertilizer. Since fertilizer was not available on that day, he had to stay there for night. On the next day, he left for his village at 4.00 P.M. When he was passing in front of the house of accused Ram Phal, Ram Phal came out of his house and gave a blow on his head with an iron pipe. Accused Krishan came from the opposite street and caused a lathi blow on his right leg. Sometime thereafter, accused Balram also came and gave a jaili blow on his right knee. Accused Ashok Kumar son of Ram Phal came from the back side of Bani Singh and gave a jaili below, which hit on the thumb and index finger of his right hand. Bani Singh fell down. On hearing the noise, Krishan Jat and Rajinder, residents of Aasan came there and rescued Bani Singh from the accused. Bani Singh is also alleged to have given slaps and fist blows to Ram Phal and Balram in his self defence. The motive for causing injury was that the accused did not like Bani Singh having to cultivate the land of Krishna wife of Banwari. Bani Singh was got admitted in the Hospital by Ram Phal accused. Initially, no case was registered and only a report in the daily diary of the police was recorded on 14.02.1994. On receiving the message with regard to death of Bani Singh, on the basis of DDR No. 26 dated 14.02.1994, EX.PO/1, first information report, EX PO was registered. The post mortem of the deceased was got conducted. During investigation, gun, EX P12 was recovered from the possession of Ram Phal. On completion of the inquiry, challan was presented and accused were charged for an offence under Sec. 302 read with Sec. 34 of Indian Penal Code, to which, they pleaded not guilty and claimed trial.

(3.) In order to prove its case, the prosecution has examined as many as 13 witnesses. PW1 Dr. M.L. Kochar, Medical Officer, Civil Hospital, Jind along with two other Doctors, namely, Dr. G.D. Gupta and Dr. V.P. Kakkar, conducted the post -mortem examination on the dead and as per report EX PC, found the following injuries: