BAGA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Baga Ram appellant and six other accused namely Paras Ram, Deputy Lal, Chaitan Ram, Ashok Kumar, Tilaki Raj and Kanwal Krishan were tried for the offences under sections 147, 148, 449 and 302 read with Section 149, Indian Penal Code, in the Court of the Additional Sessions Judge, Ludhiana. The learned Additional Sessions Judge convicted all the seven accused under section 302 read with Section 149, Indian Penal Code and all of them were sentenced to life imprisonment and a fine of Rs. 5000/- or in default of payment of fine to undergo further rigorous imprisonment for two years Kanwal Krishan alias Khillu and Bagha Ram accused were sentenced to six months rigorous imprisonment under section 147, Indian Penal Code and the rest of the accused to undergo one year's rigorous imprisonment under section 148, Indian Penal Code. All the accused were sentenced to one year rigorous imprisonment under section 449, Indian Penal Code. The substantive sentences of all the accused were ordered to run concurrently. Bagha Ram has filed Criminal Appeal No 60-DB of 1986 and Paras Ram and others filed Criminal Appeal No. 65-DB of 1986. Since both the Appeals arise out of one and the same judgment, the same will be disposed of by this judgment.

(2.) The prosecution case in brief is that on 18th July, 1984, Paras Ram, Deputy Lal and Kanwal Krishan alias Khillu assaulted Ramesh Kumar, who is Amar Dass P.W.s sisters son, because he did Lot invite the assailants to the Mundan ceremony of his son a couple of days prior to the present occurrence. On the same day at about 9.15 p.m., all the accused variously armed with kirpan, dah, hockey etc. raided the shop of Amar Das a Karyana merchant of Chhauni Mohalla, Ludhiana. Ramesh Kumars friend Pawan Kumar alias Pammi deceased was at that time present in the shop. All of them were shouting that the shop of Amar Dass be destroyed. Khillu and Bagha Ram accused shouted that Pawan Kumar is the root cause of all the disputes, let him be killed. Paras Ram then opened the attack by giving a kirpan blow to Pawan Kumars left hand followed by Deputy Lal who gave a dah blow on his left wrist. Ashok Kumar dealt him a kirpan blow on the hand. On receipt of these Injuries, Pawan Kumar slumped on the ground and then Paras Ram gave a kirpan blow on his chest. Khillu and Bagha Ram picked up soda-water bottles from the shop and threw them out. Tube light and a fan fitted in the shop were also damaged. When Amar Dass and another person Hardip Lal, who happened to be there, raised alarm, then the accused fled away with their respective weapons. Amar Dass and Hardip Lal removed Pawan Kumar to the Civil Hospital, Ludhiana, where he was declared dead. When Amar Dass was on his way back to his house cumshop, he met Nirmal Singh, Assistant Sub-Inspector and he made a statement before him. On the basis of that statement formal F.I.R. Ex. PA/2 was recorded in Police Station Division No. 4 Ludhiana at about 11.45 p.m.

(3.) Sub-Inspector Prem Nath went to the shop of Amar Dass and prepared its visual plan. He also recovered blood-stained earth, blood-stained canvas bag Ex. P. 1, a Bamboo Ex. P. 3 and a fan Ex. P. 2 besides some broken bottles from the place of occurrence. The accused were searched but they were not traceable. They were, however, subsequently arrested by Sub-Inspector Balbir Singh. On 18th July, 1984, at about 10.30 p.m. Dr. Subash Batta P.W. 3 sent intimation Ex. PL to the police regarding the arrival of the dead body of the deceased in Civil Hospital, Ludhiana. Nirmal Singh Assistant Sub-Inspector held inquest Ex. PB and sent the dead body of Pawan Kumar to the mortuary for autopsy.