SATAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Sessions Judge, Rohtak, dated 2.9.1987, whereby, Satar Singh, Ram Kumar Jasvir Singh, Amar Singh, and, Balwant Singh, accused, were convicted under Sections 147, and 302 read with Section 149, Indian Penal Code. Under Section 147, Indian Penal Code, each of the said convicts has sentenced to undergo rigorous imprisonment for six months, whereas, under Section 302 read Section 149, Indian Penal Code, each of them was sentenced to undergo imprisonment for life, and, to pay a fine of Rs. 200/- or in default payment thereof, the defaulting accused was sentenced to undergo further rigorous imprisonment for three months. The substantive sentences of imprisonment were, however, ordered to run concurrently.

(2.) IN brief the facts of the prosecution case are that Ram Niwas deceased was the son of Thawaria complainant in this case. Ram Niwas was working as Cashier in Central Cooperative Bank at Jhajjar during the days of occurrence, whereas the five accused were the employees of Central Cooperative Bank, Machhroli. Ram Niwas used to go daily to the place of his posting from his village Bhatera. About a week prior to the present occurrence, Ram Niwas had informed his father Thawaria that the accused had threatened to kill him because a dispute had arisen between the accused, and, Ram Niwas during the elections of the Cooperative Bank.

(3.) ON 9.5.1985 at about 12.30 A.M. Ram Niwas was first taken to Civil Hospital, Jhajjar, from where he was referred to Medical College and Hospital, Rohtak, as his condition was serious. He was medically examined by Dr. S.K. Nawal (P.W. 8) at 3.50 3.50 A. M. on 9.5.1985 in the Medical College and Hospital at Rohtak, who found one lacerated wound 2-1/2 cm x 1/2 cm on the left side of the face, just near the chin. The patient smelt of alcohol. Opinion of the Surgeon, for head injury, as also that of Dental Surgeon, was sought as well. Ram Niwas died in the said hospital on that very day.