RAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeals, therefore, these are taken up together and disposed of by a common judgment.

(2.) These appeals have been instituted against the judgment and order dated 08.09.2015 rendered by the Additional Sessions Judge, Karnal, in Sessions Case No.136 of 2014 whereby the appellants were charged with and tried for offences punishable under Sections 148, 341 read with Section 149, 307 read with Section 149, 302 read with Section 149 and 323 read with Section 149 of the Indian Penal Code (in short 'IPC'). The appellants Ram Pal, Satpal, Sonu, Ankur alias Monu, Birma, Jitender, Roshan, Dharambir and Santosh were convicted and sentenced as under:- Offence Sentence Fine In default 148 IPC R.I. for two years Rs.1,000/- each S.I. for one month 302/149 IPC R.I. for life Rs.10,000/- each S.I. For two years 307/149 IPC R.I. for seven years Rs.5,000/- each S.I. For one year 323/149 IPC S.I. for one month Rs.500/- each S.I. for seven days 341/149 R.I. for 15 days Rs.500/- each S.I. for two days. All the sentences were ordered to run concurrently.

(3.) The case of the prosecution in a nutshell is that on 16.11.2011 at about 02.00 P.M., Jony son of complainant Amarjit Singh and his nephew Rinku son of Darshan Lal had gone to village Barsat on motor cycle to get pulses and spices. At village Barsat, Sonu and Monu sons of Ram Pal and Nirmal son of Babu Ram picked up quarrel with Jony and Rinku. At about 09.30 P.M. Rishi Pal son of Jai Bhagwan, nephew of the complainant was taking Vikram alias Vicky son of Karan Singh, brother-in-law of the complainant, on motor cycle from the house to barra (Gher) to sleep. When they reached in front of house of Birma, accused Jitender son of accused Birma, got stopped motor cycle of Rishi Pal. He picked up the quarrel. The complainant, his brothers Ramesh and Raghbir sons of Sandeep and cousin Jagdish reached at the spot. In the meanwhile, Anita alias Neeta (since deceased) wife of the complainant, Saroj, his brother's wife, and sister Jeeto also reached at the spot. Accused Ram Pal armed with iron rod, Satpal armed with gandasi, Sonu armed with iron rod, Monu armed with iron rod, Birma armed with spade, Jitender armed with gandasi, Roshan and Dharambir armed with iron rods and Santosh carrying a brick in her hand were standing in a street. Birma exhorted a lalkara that complainant party be taught a lesson for picking up quarrel. Accused Birma gave a spade blow on the head of Jeeto, sister of the complainant. Accused Santosh caught hold Anita wife of the complainant with her hair. She was pushed on the ground. Thereafter Jitender gave a gandasi blow on the head of Anita. Accused Sonu, Ram Pal and Satpal caused injuries on the head of complainant by their respective iron rods. Accused Dharambir, Roshan and Monu inflicted injuries to Ramesh, Raghbir, Jagdish, Sandeep, Vikram alias Vicky and Saroj with sharp edged weapons with the intention to kill them. Jeeto and Anita lost their consciousness. All the injured were taken to CHC, Gharaunda. Anita died on the intervening night of 16/17.11.2011. FIR was registered. Challan was put up after completing all the codal formalities.