GHEESA RAM Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The present appeal has arisen from the order dated 22.11.2016, passed by the Additional Sessions Judge, Kaithal, vide which appellant-Gheesa Ram has been convicted. In the present case, FIR No. 84 dated 27.8.2009 was registered under Sections 323, 342 and 506 of the Indian Penal Code, 1860 ('IPC' for short) at Police Station Rajound.

(2.) Brief facts of the present case are that on 25.8.2009, complainant Sheo Singh got recorded his statement with the police that on 23.8.2009, a dispute took place between a woman of village Narwal and Raghbir Singh, an employee of Water Supply Department as Anil, Pardeep and Goldy were pressurizing Raghbir Singh to start the water supply, Raghbir avoided them and called his family members over telephone. On the other hand, Anil and others called a large number of persons from Sainsi community. Apprehending the danger, Anil, Pardeep and Goldy raised alarm, upon which some persons from Rajput community came there and a clash between the Rajput and Sainsi communities took place. Resultantly, persons from both the sides sustained minor injuries. Rajput community approached SHO Police Station, Rajound, where accused-appellant Gheesa Ram, Sub Inspector, was present to whom a request was made to take action but the accused-appellant detained Anil, Jaibir, Krishan, Dalip, Kuldeep and Pardeep in the police station. On receipt of information regarding the dispute in the village and detention of young boys in police station, the Superintendent of Police and Sub Divisional Magistrate, Kaithal, along with other staff came at village Narwal, a meeting was held between the two communities in the Government School, Narwal on 24.8.2009 and the matter was resolved. Superintendent of Police and Sub Divisional Magistrate directed appellant Gheesa Ram to release the above six persons of Rajput community. Complainant Sheo Singh and Narinder also requested the appellant to release said six persons from the illegal custody but the appellant started abusing them as also the other members of Rajput community. After sometime the complainant heard hue and cry and when he entered into the police station, found that the above said six boys were lying in a naked condition on the floor and the appellant was giving them beatings with a strap. In the meantime, Narender and Suresh Devi (mother of one of the six boys, namely, Jaibir) reached there. Suresh Devi asked the appellant as to why he was beating them. On this the appellant warned her either to leave the police station or she would be stripped naked. When Suresh Devi did not leave, the accused-appellant kicked her abdomen and then he sat on the driver seat of the gypsy, parked in the police station. Suresh Devi again requested the appellant not to leave the police station before releasing the boys. She caught hold of the window of the gypsy from driver side. The appellant suddenly started gypsy and dragged her to some distance, due to which, she fell down and the appellant deliberately ran the gypsy over her. Suresh Devi succumbed to the injuries and the appellant fled away, leaving the vehicle there.

(3.) On hearing about the death of Suresh Devi, villagers reached there and the dead body was taken to the hospital. Accordingly, the present FIR was registered against the appellant.