RADHA KISHAN YAD RAM Vs. STATE

JUDGEMENT

(1.) RADHA Kishan, Chhajwa, Budhi and Ganeshi (hereinafter also referred to as the first four appellants ) with Ram Saran, Chandi, Rewati, Jagram, Inderaj and harchandi (also referred as the last six appellants), ten in all, belonging to village khusropur in Gurgaon district were brought to trial before the learned Sessions judge of Gurgaon for rioting, constructive murder, causing of injuries both simple and grievous, vicariously under sections 148, 302/149, 325/149 and 323/149, indian Penal Code. The learned Judge holding all the accused guilty of being instrumental in causing the death of Dulli and grievous hurts to his uncle Chhida P. W. , and simple hurts to his father Radha Kishan, Fateh, Siri Chand and Mam chand, sentenced all of them to life imprisonment under sections 302/149, six months' rigorous imprisonment for rioting (under section 148), one year's rigorous imprisonment for grievous hurts (under sections 325/149, Indian Penal Code ). The sentences on these convicts who have appealed to this Court, have to run concurrently according to the orders of the Sessions Judge.

(2.) THE houses of some of the appellants and the party of the deceased are on opposite sides of the lane in village Khusropur. Some dispute existed about the constructions of the drain in the street and in consequence proceedings arose under sections 107 and 133 of the Code of Criminal Procedure. On 28th of June, 1966, when the occurrence took place, the proceedings were pending in Court, and at about noon time that day, Radha Kishan, with the assistance of his deceased son Dulli and grievously injured brother Chhida, was excavating a drain to take off the water from their house, when the first four appellants came there armed with lathis and prevented them from carrying out their object. Ganeshi actually shouted a lalkara that he would look to the consequences and that he would look to the consequences and that the men of the other party should be killed. Het Ram, Harkesh, Fateh, Siri Chand and Mam Chand came upon the scene of occurrence and tried to pacify the first four appellants but did not succeed in this object. An attack was opened by the first appellant Radha Kishan with a lathi blow on the head of Dulli, followed by a lathi blow by Ganeshi on him. Chhajwa gave a lathi blow on the nose of Chhida while Budhi gave a blow on the head of radha Kisha. The last six appellants then turned upon the scene and threw brickbats (sua rora) on the party of the complainants. Dulli Chand, who had become unconscious was taken to Civil Hospital by Siri Chand, nephew of Radha kishan, and Budh Ram, in a cart, while Radha Kishan himself went to lodge the first information report at Palwal Police Station, which is at a distance of two miles from Khusropur. The report was recorded on the dictation of Radha Kishan by ASI jagdish Chander at 3. 30 p. m. and a case was registered originally under section 308 of the Indian Penal Code. Radha Kishan's bloodstained injury on the head was noticed by the recording officer and a note to this effect was made by him. An injury statement of Radha Kishan was prepared and he was sent to Civil Hospital pawal for medical examination.

(3.) (AFTER discussion of the medical and other evidence adduced their Lordships concluded ). The injuries on the deceased and the prosecution witnesses are more in harmony with the prosecution version and the medical evidence, and we consider, therefore, that the beating was given by the appellants as stated in the prosecution evidence.