RADHE SHAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) RADHE Sham, Duli Chand, Dayal Chand, Amar Nath Bhaga, Bhartu, Basau, Kura, Hukmi, Mango, Ikshu, Smt. Chandro and Partap Singh were tried in the Court of learned Additional Sessions Judge, Kurukshetra, for the offences under Sections 302/147/1491201/120-B of the Indian Penal Code. All the accused were acquitted under Section 302, Indian Penal Code, but Radhe Sham, Duli Chand, Dayal Chand, Amar Nath Bhaga and Bhartu accused were convicted under Sections 323/149 and 147 of the Indian Penal Code. Feeling aggrieved, they have come in appeal to this Court.

(2.) THE prosecution case is that Ram Dia deceased had gone to the house of. Radhe Sham on 22-3-1984 at 6.00 P.M. to demand back payment of the loan of R.S. 2200/which he had advanced to him. Radhe Sham asked him to come at 8.00 P.M. when he will make the payment. As promised, Ram Dia had gone to the house of Radhe Sham at 8.00 P.M. What happened subsequently, the prosecution story is not clear. According to the report of Radhe Sham accused, which he made in police station Pundri, early next morning, the version is as under :-

(3.) P .Ws. Banwari and Tara Chand approached the police at Radhe Sham's house with their version and not getting any response, they alongwith Rani Parshad and Banwari Lal went to Kurukshetra and moved application exhibit PO to the Superintendent of Police, which reads as under