SADA RAM Vs. THE STATE

JUDGEMENT

(1.) THIS appeal by Sada Ram arises out of judgment of Shri Barman Lal, Sessions Judge, Jullundur dated June 28 1966. By that judgment Sada Ram'has been convicted under Section 302, Indian Penal Code and sentenced to imprisonment for life. His two brothers, Jhalman Singh and Swarna were proceeded against along with him for offence under Section 302 read with Section 34, Indian Penal Code. They were, however, acquitted.

(2.) THE occurrence in the case is of January 23, 1966. It took place in village Shahbazpur in the district of Jullundur. The parties belong to that village There existed a dispute between Mohan Singh and his son Avtar Singh on the one hand and Sada Ram appellant and his brothers including Jhalman Singh and Swarna on the other. This dispute was over the right of passage along the footpath in front of the haveli of the appellant and his brothers. Mohan Singh and Avtar Singh asserted that they had a right to pass along that footpath. About a year prior to the occurrence, the appellant and his brothers enclosed the footpath and thus blocked the passage of Mohan Singh and his son. That footpath passing in front of the haveli of the appellant and his brothers was the shortest route from the direction of the fields of Mohan Singh and his son towards the haveli of the latter. Mohan Singh and Avtar Singh had repeatedly been raising objection against the blockade of that path. The appellant and his brothers had been resenting their objection to it. Thus the relations between the two parties became strained. The appellant and his brothers felt aggrieved and had been expressing resentment against the assertion of right of passage on the part of Mohan Singh and his son along the path and the repeated remonstrations made by the latter to the former. According to the case of the prosecution, the appellant and his brothers were on the look out for an opportunity to wreak vengeance upon Mohan Singh or his son.

(3.) LEAVING Amar Chand to guard the dead body of Avtar Singh inside the haveli, Mohan Singh left for Police Station Rahon at a distance of 31/2 miles from the place of occurrence to lodge the report, Exhibit P. O. is the first information report recorded at 7.30 p m. at the Police Station. After registration of the report, Santokh Singh Sub -Inspector proceeded to the place of occurrence. He prepared the inquest report Exhibit P. B. of the body of Avtar Singh lying on a cot in his haveli. He recorded the statements of Amar Chand and Charan Singh. He also took into possession blood -stained earth from the place in the haveli where the dead body of Avtar Singh was lying on a cot. He located the drops of blood from the place near the haveli of the appellant and his brothers along the path the deceased ran to his haveli where he reached and expired.