PHOOL NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge herein is to an order of conviction and sentence recorded by the learned Additional Sessions Judge, Faridabad, dated August 14, 1995, vide which the appellants herein, namely, Phool Narain son of Mahajan and Kastura son of Anboliya, residents of Jhuggi Rahul Colony, NIT, Faridabad, have been held guilty of intentionally causing death of Hari Singh. They have, thus, been held guilty under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life as also to pay fine of Rs. 500/-, or in default of payment of fine, to further undergo imprisonment for six months.

(2.) Prosecution version was unfolded by Hazar Khan, PW5, when on March 9, 1993 at 11.30 AM he stated before Dhurg Pal, Head Constable, Police Post No. 3, Police Station NIT, Faridabad that he was residing in Rahul Colony, NIT, Faridabad and was doing labour work. On March 8, 1993 at about 7 PM, Hari Singh, Phool Narain and others had an altercation with each other after playing Holi and on that they had thrown brick bats on each other. During exchange of brick-bats, one stone had hit on the head of his wife. After bandage and medical examination from B. K. Hospital at about 8 PM, he reached at his Jhuggi. On hearing a noise from the Jhuggi of Hari Singh, he rushed towards that side. In the street, Phool Narain, Mansa Ram, Kallu Ram, Kastura, Jaldev and Santar, armed with lathis were abusing Hari Singh and they called him outside. Then, Hari Singh came out from his Jhuggi in the street and asked them as to why they were abusing him. On this, Mansa Ram, Kalu Ram, Jaldev and Santar said that they would see him. On saying this, Phool Narain and Kastura gave lathi blows one after the other which hit on the head of Hari Singh. Hari Singh fell down. He further stated that wife of Hari Singh and his son Bharat were also seeing the occurrence at the spot. They all rescued Hari Singh, otherwise they would have beaten him more. After that, Phool Narain and his companions ran towards their Jhuggis. His family members carried Hari Singh to B. K. Hospital, Faridabad and got him admitted there.

(3.) From the narration of events given by Hazar Khan, it would, thus, transpire that whereas the occurrence leading to death of Hari Singh took place on March 8, 1993 at 8 PM, the matter was reported to the police on March 9, 1993 at 11.30 AM. Inasmuch as the deceased died on the intervening night of March 11-12, 1993, (12.20 AM), no special report was sent to the concerned Magistrate.