RAM PHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Ram Phal son of Ram Dhan, Richhpal son of Dharam Singh along with Ram Kanwar son of Ram Dhari and Suresh son of Lachhman were tried by Additional Sessions Judge, Sonepat. Ram Phal and Richhpal were convicted under sections 304/34, India Penal Code, and sentenced to seven years R.I. each and a fine of Rs. 250/- each in default of payment of fine further R.I. for three months each. Ram Kanwar and Suresh were acquitted. Feeling aggrieved, Ram Phal and Richhpal have filed this appeal.

(2.) Ram Dia deceased and his wife Smt. Phool Pati P.W. 5 used to sleep for the night at their tubewell whereas the other family members used to sleep in their house inside the village abadi. On March 26, 1985, Ram Dia and Phool Pati were going to their tubewell for sleeping at 9 P.M. As Ram Dia and his wife reached near the shop of Dhan Singh which was in the Chaupal of the village all the four accused mentioned above, who were present at the Chaupal, surrounded them. Ram Phal and Richhpal caught hold of Ram Dia and fell him all the ground. Injuries were caused to Ram Dia on his chest, legs, back and ribs by Ram Phal and Richhpal with the help of bricks. Suresh and Ram Kanwar inflicted fist blows and slapped him. Phool Pati tried to intervene, but she was pushed aside. On her alarm, Bhima and Ramesh P. Ws. were attracted and they also witnessed the occurrence. On arrival of Ramesh and Bhima, the accused left. Ram Dia was removed to his tube well. During the night, nobody moved, but in the morning he was taken to Gannaur Police Station in a tractor trolley. Ram Dia made a statement to M.H.C. Sat Narain P.W., who recorded it as D.D.R. No. 11, copy of which is Exhibit PK. After the statement was recorded. Ram Dia was taken to Civil Hospital, Gannaur, where he was medicolegally examined by Dr. S.P. Singla, P.W., Medical Officer, Civil Hospital, Gannaur at 2.05 P.M. As the condition of Ram Dia was serious, he was referred to Civil Hospital, Sonepat, Ram Dia expired on his way to Sonepat. Dr. Chhabra P.W. 1 of Civil Hospital, Sonepat, sent Memo Exhibit PD to S.H.O. Sonepat regarding the death of Ram Dia at 3.15 P.M. On receipt of the said information, H.C. Lal Singh of Sonepat Police Station informed Police Station Gannaur On the basis of D.D.R. report No. 11 Exhibit PK. F.I.R. Exhibit PK/I was recorded. A.S.I. Partap Singh took up the investigation of the case. He prepared inquest report Exhibit PB after reaching Civil Hospital, Sonepat. He went to village Mohaimldpur Majra on March 28, 1985, prepared site plan Exhibit PL and recorded the statements of the witnesses. He arrested the accused and after compeletion of the investigation, challan was presented against them.

(3.) In support of its case, prosecution examined Dr. H. K. Chhabra, who had conducted the postmortem examination on the dead body of Ram Dia deceased on March 28, 1985, at 8.15 A.M. He had found the following injuries on his person: Stitched wound of size about 1 cm to 5 cm x bone deep ever the medial side of the right ankle joint, just above the medical mallelous was present. Clotted blood was present. Lower part or the right leg ankle and right foot was swollen. On opening the wound, the lower end of the right tibia was fractured into pieces. The left ankle joint foot and lower portion of the left leg was swollen. Multiple varying sized abrasions were present around the ankle joint, lower portion of the left leg. Clotted blood was present. On opening the lower portion of the left leg, ankle and foot, the lower portion of the tibia and fibula and other bones Were fractured. A bruise of size 12 cms X 1 cm present on the right thigh starting from the lateral side of the knee joint going upward and medially. On cutting, underlying subcutaneous tissue contained clotted blood. Abrasion of size 1:5 cm X .5 cm on the right temporal region 2 cms away from the lateral side on the right eyebrow was present. No underlying fractured of bone was present. A bruise of size 1.5 cms X .5 cm over the right side of the lower jaw 6 cms from be medial line was present. No underlying fracture. A contusion of size 9 cms x 1 cm was present over the lower lateral part of the left chest on the back underlying subcuteneous tissue contained clotted blood. On further opening the underlying ribs were fractured. Spleen was ruptured. Other organs healthy and pale, Abdominal cavity was full of blood. According to the doctor, the cause of death of the deceased was due to haemorrhage and shock as a result of injuries to the vital organs like splean and multiple fractures.