RAMU RAM CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The sole appellant, namely Ramu Ramchander son of Lachman has been held guilty of intentionally causing the death of Chattar Singh and accordingly convicted to undergo imprisonment for life and to pay a fine of Rs. 500/- or in default of payment of fine, to further undergo RI for six months vide order of conviction and sentence recorded by the learned Sessions Judge, Jind, dated November 12,1994. It is against this order of conviction and sentence, which is primarily based upon two oral dying declarations made by the deceased before his real brother that the present appeal has been filed.

(2.) The occurrence leading to death of Chattar Singh was reported by his real brother Balbir Singh. P.W. 7. On the basis of statement made by him. FIR came into being at 5.05 PM on November 30, 1992, initially under section 304/34 IPC. The special report with regard to incident reached the concerned Magistrate at Safidon stated to be at a distance of about 14 Kms. from the police station at 7 P.M.

(3.) Balbir Singh stated before Krishan Chand. SI/SHO P.W. 8, that he was resident of village Kalwa and was doing cultivation. They were five brothers, whereas, Gordhan was the eldest, Om Prakash, Ram Dhari and Chattar Singh were younger to him and he was the youngest. All the brothers were living separately. On that day i.e. on November 30, 1992 at about 7 AM he came towards bus stand., Kalwa to ease himself and when he reached near the Government Weighing Machine he found his brother Chatter Singh lying near there. He was crying with pain. He enquired from his brother Chattar Singh as to what had happened to him and as such he told him that he was returning home from the Mandi Phillukhera the previous day at about 9 PM. When he reached at bus stand. Kalwa, Ramu son of Laxman met him and asked him to come to him but he did not accede to his request. He forcibly took him in his grip and took him towards Pahari Kikkar trees where he felled him on the ground and caused injuries while sitting on his chest with a brick on his eye mouth, chest and forehead Chattar Singh further told that Ramu was accompanied by three - four other persons who had caught hold of him by arms and legs. He became unconscious because of injuries caused by Ramu. Thinking him dead they had gone away. He remained lying in kikkar trees throughout the night and on regaining consciousness in the morning he was going to his house but fell down due to injuries and that his brother had come, he should take him to the hospital for treatment. Balbir Singh further stated that he had taken his brother Chatter Singh to the Primary Health Centre, Kalwa, where the doctor advised him to take his brother to the hospital at Jind. He immediately arranged for a conveyance and removed Chattar Singh to the hospital at Jind, and got him admitted there. His brother Chattar Singh succumbed to his injuries. The cause of grudge was that about three years back, a quarrel had taken place in which challan was put up against many persons. Laxman, father of Ramu was beaten in that case for which challan against his brother Chattar Singh was also put up which was still pending in the court. With a view to take revenge of the injuries caused to his father. Tamu with the help of three/four other persons had committed the murder of his brother Chattar Singh by causing him injuries.