RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The four appellants who are brothers, were brought to trial for the murder of Multan Singh deceased before the Court of Sessions at Karnal and having been found guilty thereof, they were convicted under Section 302 read with section 34, Indian Penal Code and each of them was sentenced to life imprisonment. They were also convicted under sections 307/324/323 read with section 34, Indian Penal Code for causing injuries to Khushi Ram and Babu Ram P.Ws. and were sentenced to various terms of imprisonment with the direction that the sentences so awarded to them shall run concurrently. They have challenged their convictions and sentences in this appeal. Undoubtedly the relations betwixt the accused party on the one hand and the complainant party on the other were far from cordial. The bone of contention betwixt the parties is stated to be the digging of a khal by the accused in the fields of the complainant party. The prosecution case is that on 28th May, 1985 at about 11 a.m. the four appellants namely. Ram Kumar, Raj Kumar, Hukam Singh and Suresh Kumar along with some other persons were digging khal in the fields of the complainant party and Multan Singh deceased, Babu Ram and Khushi Ram asked the accused to get the demaretion of the khal done to satisfy them about the existence of the khal and then to dig It. But the accused party retorted that they would dig the khal. Multan Singh deceased also asked the accused to dig the khal only after demarcation. At this stage, Ram Kumar accused opened the attack by giving a blow with an axe from its sharp side on the left arm of Babu Ram, followed by Raj Kumar who gave an axe blow on his right hand thumb. Suresh Kumar accused gave a kassi blow on the head of Babu Ram. Hukam Singh accused fired two shot from his revolver and of these shots hit Multan Singh on the right side of his abdomen. The other shot hit Khushi Ram P.W. on the right side of his neck. On the commotion raised by Babu Ram P.W., Mahavir Parshad and Tara Chand were attracted to the spot and they rescued the victims from the clutches of the accused. Immediately after the occurrence, the injured were removed to Civil Hospital, Karnal, where they were medically examined by Dr. Amar Bajaj P.W. 3 at about 12.30 p.m. on 28th May, 1985, and he found the following injuries on their persons: Multan Singh A lacerated wound 0.75 cm x 0.5 cm over right side of chest, lower part situated 7 cms. right to epigestric region blackening around the wound present, margins of the wounds were inverted, bleeding was present. X-ray was advised and surgeons opinion was sought. No wound of exit was seen. Khushi Ram

(2.) There was diffused swelling around first interphalangial joint, movements were painful and restricted. X ray was advised.

(3.) Patient was complaining of pain over right se-apular region. No Injury was seen.