MALLA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mala Ram accused-appellant has preferred this appeal being aggrieved from the judgment of conviction dated 1-9-1994 and order of sentence dated 2-9-1994 passed by the learned Addl. Sessions Judge, Hisar.

(2.) Upon registration of a case under Section 304 of Indian Penal Code and Section 27 of the Arms Act, 1959, in F.I.R. No. 84 dated 28-12-1990, Mala Ram who was working as security guard, aged about 44 years, resident of village Gurera, Tehsil Siwani, District Hisar, was arrested and then challaned to face trial under Section 302, I.P.C. and 27 of the Arms Act.

(3.) ASI Hardev Singh PW 2 had registered the case upon recording of statement of Prabhu Dayal P.W. 7. The accused along with his father Lekh Ram and Sumitra (wife of his elder brother) as well as his own wife Savitri had gone to village Chuli Bhagrian to attend the Kirya ceremony of Mehar Chand, father of Prabhu Dayal. Mala Ram was carrying his single barrel. 12 bore licensed gun with him on the date of occurrence. Other people were also present in the house of Prabhu Dayal and at about 3.00 p.m. the accused asked Radhe Ram son of Mehar Chand (now deceased in this case) that they should free the accused and other persons as they have to go back to their village at Gurera. After sometime the accused again repeated and required Radhye Ram to free them, otherwise he would fire at them. Without any further loss of time Mala Ram fired from his single barrel 12 bore gun at Radhe Ram, which hit him on his right thigh. The blood started oozing from the resultant injury. Prabhu Dayal, Maru Ram and Gopal who were present at the spot, removed Radhe Ram in a car to Civil Hospital, Fatehabad, where he is stated to have succumbed to his injury at 5.00 p.m. on the same day. Prior to the death of the deceased, Ruqqa Ex. PA was also sent to the police station by the medical officer with regard to admission of the deceased in the hospital. Upon receipt of the said ruqqa PW 1 ASI Wazir Singh had come to the Civil Hospital and moved an application Ex. P. 1 for opinion of the doctor regarding the fitness of Radhe Ram to make a statement. As per the endorsement of the medical officer Ex. PB/1, the deceased was found unfit to make a statement. PW 9 SI Ram Chander had also reached in the hospital from the police station Bhattu Kalan as per the wireless message EX. PJ. SI Ram Chander who was SHO of the concerned police station took over the investigation Ruqqa Ex. PF regarding the death of Radhe Ram was also received by him at about 5.10 p.m. on the same day i.e. 28-10-1990. The Investigating Officer met Prabhu Dayal, younger brother of the deceased and recorded his statement Ex. PC which was duly signed by the complainant. On the basis of the Ruqqas aforestated and the statement of Prabhu Dayal sent through Constable Subhash Chander, F.I.R. Ex. PC/1 was recorded by ASI Hardev Singh, under Section 304, I.P.C. Inquest proceedings Ex. PH were recorded by the Investigating Officer on the following day i.e. 29-12-1990. The body of Radhe Ram was subjected to post-mortem. The Investigating Officer prepared the site plan Ex. PL with marginal notes in his hand. S.I. Ram Chander was transferred from Police Station Bhattu-Kalan andthe investigation of the case was taken over by SI Dalbir Singh on 3-1-1991. He recorded the statements of witnesses. Mala Ram came to the police station with gun Ex. P6. The gun and empty cartridge were sealed separately and taken into possession vide recovery memo Ex. PN duly attested by the two witnesses Subhash and Gopal. Mala Ram was having the licence for this gun which was produced as Ex. P. 7 and was taken into possession vide the same recovery memo. The Investigating Officer recorded the statements of various witnesses and upon completion of other formalities presented the challan in Court. The accused was committed to the Court of Session by Judicial Magistrate, Ist Class, Fatehabad vide order dated 30-4-1991.