RAJA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Raja Ram and Sukh Ram appellants directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Faridabad dated 20.10.1986. By virtue of the impugned judgment, the learned trial Court held Raja Ram guilty of the offence punishable under Section 307 I.P.C. while Sukh Ram was held guilty of the offence punishable under Section 325 I.P.C. Raja Ram was directed to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 1000/-. In default of payment of fine, he was to undergo further rigorous imprisonment for 3 months. Out of the fine, if realised Rs. 800/- were directed to be paid to Jagmal. So far as Sukh Ram is concerned, he was ordered to be released on probation on his furnishing a bond to a sum of Rs. 2,000/- with a surety of like amount and to keep peace and be of good behaviour for a period of one year. He was directed to appear and receive sentence if and when called upon during that period.

(2.) THE relevant facts of the prosecution case are that on 30.4.1986 at about 7.00 P.M. Jagmal brother of Ratti Ram had gone to the village tap. It is near his house. He was filling the bucket with water. In the meantime, appellant Sukh Ram arrived there. He also wanted water for his buffaloes. He threw away the bucket of Jagmal from under the water tap saying that he shall firstly take water for his buffaloes. This led to the exchange of abuses.

(3.) JAGMAL raised an alarm. At this his brother's son Rajinder, his sister Dhapo and Ved Pal arrived there. They tried to save Jagmal. Raja Ram and Satbir ran after them. Ratti Ram and his son Rajinder ran for safety. Satbir gave one lathi blow to the complainant when he was trying to run away. It fell on the hand of complainant and Ratti Ram.