SURAJ MAL AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred by the appellants against their conviction under Sec. 302 IPC and sentence of imprisonment for life.

(2.) PW -7 Silk Ram made a statement Exh.PH, which was recorded at 10.15 P.M., which led to registration of FIR Exh.PH/1 at 11.30 P.M., to the effect that on 28.06.1994, dry sticks of mustard were blown by the wind to the roof of the complainant from the roof of appellant Suraj Mal. Though the same were restored to the roof of the appellant Suraj Mal, there was exchange of abuses. On 29.06.1994 at 4.30 P.M., Mohinder Singh, brother of Silk Ram was abused by Shakuntla, sister of the appellant, Suraj Mal, who was also a co -accused and has been granted probation by the trial Court. This was narrated to Mange Ram, deceased, the elder brother of father of Silk Ram at about 5 P.M. Mange Ram was going to the house of the accused and on the way near the house of Bharat Singh, Ex -Sarpanch, the accused Suraj Mal armed with a Jelly, his brother Bijender and sister Shakuntla armed with lathis came and raised an alarm that they will teach a lesson to him and Suraj Mal inflicted a Jelly blow lathiwise on the left side of the head of Mange Ram, while Bijender inflicted lathi blow on the back of the head of Mange Ram and Shakuntla inflicted lathi blows on the right hand and left leg behind knee. Mange Ram fell down and became unconscious. Silk Ram reached their. His brothers Mohinder and Sanjay Kumar and his father Balwan Singh also came there. Bijender inflicted lathi blow on his left hand and Suraj Mal inflicted Jelly blow lathiwise on the head of Balwan Singh. Bijender inflicted lathi blow on the head of Sanjay, Shakuntla inflicted lathi blow on the head of Mohinder Singh. On alarm being raised, other villagers came to the spot and rescued them. The accused ran away with their weapons. Mange Ram was carried to the hospital in the jeep of Raj Kumar and he succumbed to his injuries.

(3.) The above statement was made before Ramesh Kumar, ASI (PW9), the Investigating Officer, who visited the hospital on receiving the message Exhs. PM and PN from Dr. S.K. Gupta, PW -5 that Mange Ram, injured had died at 8 P.M.