HET RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment we are disposing of aforesaid Criminal Appeal and Criminal Revision as both are arising out of one and the same judgment dated 11/12.9.2003 of learned Sessions Judge, Sirsa.lt is pertinent to mention here that the aforesaid revision was ordered to be heard along with Criminal Appeal No. 797-DB of 2003 vide order dated 27.4.2004. Record reveals that there is delay of 43 days infilling the revision and Criminal Miscellaneous No. 6212 of 2004 was filed along with the main revision petition. However, the said application was not decided. Since the main revision petition already stands admitted, we hereby condone the aforesaid delay in filing the main revision petition. Resultantly Criminal Miscellaneous No. 6212 of 2004 is hereby allowed. Appellant Het Ram stands convicted under section 302 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs15,000/-, in default to further undergo RI for two years.

(2.) Along with him, his son namely Banwari alias Sub hash, Ramji Lal son of Kumbha Ram and Sultan son of Ramji Lal were also booked. All the accused were charged under section 120-B IPC and under sections 302/34 IPC whereas the appellant was charged substantively for section 302 IPC. All the three aforesaid co-accused stand acquitted by the trial court. The admitted position is that State of Haryana has not preferred any appeal against their acquittal. The first informant is Hari Parkash (PW2).

(3.) He is son of Kanshi Ram (since deceased). In his statement Ex. PD which is the basis of registration of formal FIR Ex. PD/1, he alleges that his father Kanshi Ram had remained Sarpanch of village Dhingtania for about 25 years and commanded respect in the village. Many persons including the appellant had encroached upon the Panchayat land and constructed houses thereon.Smt: Saroj one lady Sarpanch was elected with their support. Panchayat had got removed encroachment from the Panchayat as per the policy of the Government and got demolished certain unauthorized houses including the house of appellant and many other persons.