LAWS(P&H)-1997-5-247

RAM SARUP Vs. STATE OF PUNJAB

Decided On May 30, 1997
RAM SARUP Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) BOTH these appeals arise from the same judgment and they are being disposed of by this common judgment. The appeallants in Criminal Appeal No. 131 -DB of 1994 were tried for the offences under Sections 302 and 324 read with section 34 of the Indian Penal Code. Appellant No. 1 Ram Sarup was convicted for the offence under Section 302 of Indian Penal Code and was ordered to undergo R.I. for life and to pay a fine of Rs. 2000/ - and in default of payment of fine he was further ordered to undergo R.I. for six months. He was also convicted under section 324/34 of the Indian Penal Code and was ordered to undergo R.I. for one year. Both the sentences were ordered to run concurrently. Appellant No. 2 Mangat Ram was convicted for the offence under Section 324/34 of the Indian Penal Code and was ordered to be released on probation on his furnishing bond of Rs. 5000/ - with one surety in the like amount, under the Probation of Offenders Act and Criminal Appeal No. 131 -DB of 1994 under Section 360 of the Code of Criminal Procedure. The appellants have, therefore, filed Criminal Appeal No. 131 -DB of 1994 challenging the conviction and the consequential order.

(2.) THE State has filed Criminal Appeal No. 45 -DBA of 1995 against the acquittal of Mangat Ram for the offence punishable under section 302 of the Indian Penal Code.

(3.) THE case of the prosecution is that deceased Ram Narain and injured Dalip Kumar are the sons of complainant Phool Chand. Om Parkash is also his son. Om Parkash generally takes part in politics. He is stated to be the member of BSP and used to dispose of minor disputes of the people of the street and mohalla. Ram Sarup appellant No.1 was the real brother -in -law (Sandhu) of Om Parkash and lived in the neighbourhood of the complainant. Appellant No. 1 has jealousy towards Om Parkash because of his good reputation in the street and due to this reason Om parkash and appellant No.1 once exchanged hot words with each others. On 7.10.1992 at about 8.30 p.m. Ram Narain son of the complainant, Puran Chand son of Surma Ram and the complainant Phool Chand were sitting near their house in the street. There was electric light in the street. At that time, appellant No. 2 armed with datri (sickle), Ram Sarup appeallant No.1 armed with Sabal (iron rod) came out of their house and appeallant No.1 challenged to bring Om Parkash out and said that he would make him "chowdhary". Thereupon Ram Narain tried to stop him. Then, appellant No. 1 gave sabal blow from its sharp side to Ram Narain which hit on his head near the right ear. Ram Narain fell down. In the meantime Dalip Kumar son of the complainant came out of the house to separate then. Then appellant No. 1 gave two sabal blows from its reverse side on the back of Dalip Kumar, Mangat Ram also gave him two sickle blows on his left arm. Thereafter, complainant and Dalip Kumar raised an alarm 'Mar Ditta Mar Ditta' on which both the appellants fled away with their respective weapons from the spot. Both the injured persons viz. Ram Narain and Dalip Kumar were taken to the Civil Hospital by a neighbour of the complainant, namely, Pawan Kumar son of Kashmiri Lal. A short while thereafter, Ram Narain expired. A ruqa was sent by the doctor to the police. Thereupon ASI Balkar Singh along with HC Sukhjinder Singh, HC Gurmit Singh, HC Kishor Chand and other police officials reached the spot and found the complainant sitting near the deadbody. Statement of the complainant was recorded. On the basis of the said statement, FIR was registered. Investigation was carried out and after completion of the same, challan was submitted before the Sub Divisional Judicial Magistrate, Muktsar who committed the case to the Court of Session for trial, Charge was framed against the appellants. The prosecution has examined following witnesses; PW 1 Dr. Balwinder Singh, Medical officer; PW 2 Dr. S.K.Jindal, Medical Officer; PW 3 Phool Chand, complainant; PW 4 Dalip Kumar, injured; PW 5 ASI Ranjit Singh; PW 6 Sampuran Singh, Draftsman ; and PW 7 ASI Balkar Singh. The prosecution has also produced documentary evidence and the documentary evicence will be considered in the latter part of the judgment. The trial court, as stated above, found the appellants guilty and inflicted the aforementioned punishment on the appellants. As a result, both these appeals have been filed against the said judgment.