SITA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No.99 SB of 1996 filed by accused Sita Ram against his conviction under Sec. 304 Part II IPC and sentence of RI for seven years and fine of Rs.2000/ -, in default, further RI for one year and Criminal Appeal No.167 -DBA of 1997 filed by the State against Sita Ram on the ground that he should have been convicted under Sec. 302 IPC and against his co -accused Ajit Singh, Desh Raj, Satyavir and Karan Singh, who have been acquitted by the trial court. Both the appeals have arisen out of a common order of the trial court.

(2.) FIR Ex.PH/1 was registered as per statement of PW -10 Ram Niwas, Ex.PH, recorded by Inspector Gurdeep Singh, PW -16, to the effect that he was running a General store near Petrol Pump Nasibpur. On 14.5.1993 at 9 PM, he alongwith his nephew Umed Singh, Rajnish and Sahi Ram had gone to see a picture in Mohini theatre which ended at 12.30 in the night. When they were returning, they met some other persons who were also returning after seeing the film near Neemri crossing. The said persons included the accused persons and Bhobat Ram, Rajesh, Satyapal, Mangal Ram, Nihal Singh and Lila Ram. The said persons adopted a different path when they reached last corner of Power House, while Ram Niwas and his companions were going on the pucca road. After covering a distance of about 100 years, they heard a noise of quarrel from the passage leading to village Nooni at 1.15 AM and at a distance of 125 yards, they found accused Ajit Singh carrying a 'Bankri', Sita Ram carrying a knife, Desh Raj carrying a cycle chain and an iron rod and Satyavir a 'Chiria' of electric pole, Karan Singh a 'kulhari' while Bhobat Ram , Rajesh and Satyapal were empty handed. They were abusing Mangal Ram, Nihal Singh and Lila Ram. Lila Ram and Sita Ram were grappling with each other over some money dispute. Umed Singh went near them to separate them on which Sita Ram left Lila Ram and abused Umed Singh. Ajit Singh, Desh Raj, Satyavir, Karan Singh, Bhobat Ram, Rajesh and Satyapal also started abusing the complainant party. Sita Ram took out knife from his waist and gave a blow in the stomach of Umed Singh who fell down and became unconscious. Desh Raj gave a blow of iron rod on the eye of Mangal Ram and another blow on shoulder. Ajit Singh gave 'Bankri' blow on the forehead of Nihal Singh. Karan Singh gave a 'kulhari' blow on the head of Lila Ram and another blow with the handle of 'kulhari' on the chin. Satyavir hit Nihal Singh with his 'chiria'. Bhobat Ram, Rajesh and Satyapal remained standing, abusing and exhorting others to cause injuries. Thereafter, they left with their weapons. Marru Ram, son of Bhakhtawar Singh Saini came there. Umed Singh was put in the cart of Marru Ram and taken to the hospital for treatment where he died.

(3.) The statement was recorded in the hospital where the Inspector went on receiving message (Ruqa), Ex.PC. The statement was recorded at 4.50 AM and was sent to police station where FIR was registered at 5.15 AM. Inquest report Ex.PY was prepared and dead body was sent for autopsy vide application Ex.PZ. The Investigating Officer Gurdeep Singh took into possession clothes of the deceased vide Ex.PAA, prepared rough site plan, Ex.PBB, lifted blood stained earth, vide Ex.PR and arrested the accused. Charge was framed against Sita Ram, accused under Ss. 148, 302 and 323/149 IPC, while against other accused, charge was framed under Ss. 148/302/149 and 323/149 IPC.