STATE OF HARYANA Vs. RAM KISHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20th August. 1992, passed by the Sessions Judge Narnaul. By this judgment the learned Sessions Judge gave the benefit of doubt to accused Ram Kishan. Ram Niwas Raghbir and Rohtas and held them not guilty of the charge under Section 302/452 read with Section 34 Indian Penal Code and acquitted thcm. The learned Sessions Judge also held not guilty accused Phulpati and Shakuntla of the charge under Section 201 I.P.C. and also acquitted them.

(2.) A case' under Sections 302/ 452/34 I.P.C. was registered at P.S. Ateli. District Mohindergarh on 19th November. 1990 at 4.00 p.m. vide FIR Exhibit PG; on the basis of the statement of Gajraj Singh (P.W. 6) who is the brother of deceased Bimla. The statement of Gajraj Singh was recorded at P.S. Ateli, by SI Surjit Singh then S.H.O. P.S. Ateli, at 4.00 p.m.

(3.) In his statement, Gajraj Singh stated that his elder sister Bimla was married to Jagdish son of Kalu Ram, resident of village Bocharia about 20 years back and said Jagdish died about 8 years back He further stated that his sister was having one son namely Dharminder (P.W. 4) aged 14 years and one daughter, Kabul (P.W. 5) aged 10 years. He stated that on 19-11-1990 at about 11.30 a.m. he was present at his house in village Kajinda and his Bhanja (nephew) Dharminder came to him and told him as under: My Taus (Fathers elder brothers) Rohtash and Raghbir sons of Kalu Ram, Ram Kishan and Ram Niwas sons of Rohtash prevent us from cultivating our land and irrigating our fields with the water of well which is joint and quarrel with us. Today, morning at about 8.00 a.m. my mother Bimla said to me, Bring the key of tubewell from your Tau (FatherTs elder brother) Rohtash, which is joint. All of them have irrigated their fields with the, water of their respective turns. It is our turn and we will irrigate the fields today. Upon which. I went to my Tau (FatherTs elder brother) Rohtash and asked him to give me the key of tubewell and my Tau (Fathers elder brother) Rohtash gave me the key of Tube well. He asked file to irrigate our fields for two days only thereafter, they would irrigate their fields. After coming back, I told my mother that my Tau (fathers elder brother) had given keys to me with the direction that we could irrigate our fields for two days only. Upon which my mother said, our fields cannot be irrigated within 2 days. All of them have irrigated their fields for 15 days each and we will irrigate our fields for the same period. My mother went in the street in front of the house of my Tau (Farther elder brother) Rohtash to tell them this fact and said, we will return the key after availing of our full turn of water. Upon this my Tau, (Farther elder brother) Rohtash called abuses to my mother and my mother returned to our house. In the meantime, my Tau (Farther elder brother) Rohtash armed with a Jaili, Raghbir Singh and Ram Niwas armed with lathis and Ram Kishan armed with a hockey stick, came to our house. As soon as they came. Ram Kishan raised a lalkara that they would teach us a lesson for the day to day dispute and Ram Kishan put down my mother in the courtyard of our house. Thereafter, Rohtash gave blows with Jaili, Raghbir and Ram Niwas gave blows with lathis and Ram Kishan gave blows with hockey stick to my mother. I after leaving my sister Kabul near my mother have come to you. Gajraj singh further stated that after coming to know the above facts he along with one Des Raj resident of his village came to the house of his sister Bimla at Bocharia and there they saw that his sister Bimla was lying on the cot and he found that she had already died. He found that injuries had been inflicted on her left foot calf waist right arm left nipple thigh arid the hip joints. He stated that Rohtash and Raghbir sons of Kalu Ram. Ram Kishan and Ram Niwas sons of Rohtash had committed the murder of his sister Bimla causing injuries with lathis Jaili and with hockey-sticks. As per the endorsement on the FIR the special report reached the Ilaqa Magistrate at 6 P.M. at 19-11-1990 itself.