SADHU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgement shall dispose of Criminal Appeal No. 238-SB of 1998, filed by Sadhu Ram, accused (now appellant) against the judgement of conviction dated 26.02.98, for the offence punishable under Section 304 part 1 of the Indian Penal Code, and the order of sentence dated 28.02.98, vide which, he was sentenced to undergo rigorous imprisonment for a period of seven years, and to ay a fine of Rs. 2000/-, and in default thereof, to further undergo rigorous imprisonment for a period of one year, and Criminal Revision No. 713 of 1998, filed by Giani Ram, revision-petitioner, for convicting respondents No. 1 to 6, for various offences.

(2.) THE facts, in brief, are that, on 19.03.92, at about 8.30/9.00 PM, Ram Chander went out of his house, in order to urinate. The accused namely Sadhu Ram, Mahender Singh, Ram Parshad, Atam Parkash, Raghbir, and Krishan, were sitting in a flour mill (chakki), which was near the house of Ram Chander. Ram Chander overheared the accused talking ill of him, and about his family. He asked them not to talk ill of him, and his family. Upon this, the accused became angry and they asked Ram Chander that he could not ask them, not to talk in the manner they like. This led to some altercation, between the accused and Ram Chander. Hearing the commotion, Lal Bahadur, Chanan, and Munshi, who were sitting in the Baithak of Ram Chander, came out. Mahender was armed with jelly, whereas, the remaining accused were Munshi, who were sitting in the Baithak of Ram Chande, came out. Mahender was armed with jelly, whereas, the remaining accused were armed with lathis.Mahender, gave a jelly blow, using it like a lathi, on the head of Ram Chander. Raghbir, gave a lathi blow, on his left eye, whereas Ram Parshad, gave a lathi blow on the nose of Ram Chander, as a result whereof, he fell down. Munshi Ram, tried to intervene, but he was attacked with lathis by Sadhu Ram, Krishan, and Ram Parshad, as a result whereof, he also fell down. Thereafter, Lal Bahadur and Chanan tried to intervene. Mahender aimed jelly, using it like a lathi, at the head of Lal Bahadur. However, Lal Bahadur, raised his hand, in order to ward off the blow. In that process, Lal Bahadur, received injuries, on his hand. Thereafter, Lal Bahadur, fell on his father (Ram Chander), in order to save him. Sadhu Ram, gave lathi blows thrustwise on the chest of Ram Chander, whereas, Ram Parshad and Krishan, gave lathi blows to Chanan, on his head and left arm. Atam Parkash and Raghbir gave lathi blows to Ram Chander, while he was lying on the ground. The alarm raised by Ram Chander and his companions attracted Ram Singh and Chandu. When they tried to intervene, the accused gave lathi blows to them as well. However, in the meanwhile, Sultan and Ram Kumar, also came there. On seeing them, all the accused ran away, from the spot, with their respective weapons. According to Lal Bahadur, in their self-defence they also inflicted injuries on the person of Sadhu Ram, Raghbir Singh, Krishan and their companions.

(3.) SULTAN arranged a vehicle (matador) and transported all the injured except Ram Singh, and Chandu to General Hospital, Hansi. All the injured were medico-legally examined. The condition of Ram Chander and Munshi Ram, was serious. The Medical-Officer, therefore, referred them to the Medical College, Rohtak. On the way, Ram Chander, succumbed to the injuries. Therefore, his dead-body was brought to Civil Hospital, Hansi, for post-mortem examination, whereas, Munshi Ram, was got admitted in the Medical College, Rohtak, where he remained under treatment for about 14/15 days.