CHHOTU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Criminal Appeal No. 540-DB of 1999 has been filed by the appellant through a counsel; whereas Criminal Appeal No. 464-DB of 2002 has been filed though jail by the appellant. The judgment is being rendered in Criminal Appeal No. 540-DB of 1999.

(2.) The appellant (Chhotu Ram son of Budh Ram) is in appeal against his conviction under Section 302 IPC and 27 of the Arms Act. Under the former head, the appellant was sentenced to undergo rigourous imprisonment for life and to pay a fine of Rs. 10,000/-; In default of payment of fine, he was directed to undergo further rigourous imprisonment for two years. For the latter offence, the appellant was directed to undergo rigourous imprisonment for a period of three years The substantive sentences were ordered to run concurrently.

(3.) On the evening of 29.9.1996, appellant Chhotu Ram went over to the house of deceased Bajrang (who was living over there along with his wife PW-6 Savitri Devi and their son PW-7 Har Lal) and asked for 20 Kgs. of millet (Bajra). Bajrang expressed his inability to meet the demand because the quantity available was barely sufficient for the use of his own family. On the following day, at about 10.30 P.M., appellant again came over to the house of Bajrang while the former was carrying a Kulhari. Out over there, the appellant held out a threat that he would teach Bajrang a lesson for denying millet to him. He left the spot and announced that he would return shortly. He again appeared on the scene after about 10 minutes thereof. At that time, he was carrying a .12 bore licensed gun. Appellant raised a lalkara daring Bajrang to come out of the house. On hearing it, Bajrang came out at the door of his house. He was closely followed by Har Lal and Savitri PWs. Appellant fired a shot at Bajrang. The pallets hit Bajrang on latter's left hand and also left side of abdomen, thereby felling him upon the ground. When the appellant was in the process of re-loading the gun, PW-7 Har Lal gave a lathi blow on his head thereby impelling the former to flee from the spot. He carried along the weapon of offence too. Initially Bajrang was taken in a jeep to Government Hospital, Fatehabad, where he was medico-legally examined by PW-8 Dr. D.K. Dadhich who found six injuries on his person vide MLR Ex. PF. PW-8 Dr. Dadhich notified the offence to the police of Police Station, Fatehabad vide ruqqa (Ex. PE).