RAM KANWAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Ram Sarup and his brother Ram Kumar against their conviction under Section 325/34 of the Indian Penal Code and a sentence of eighteen months' rigorous imprisonment and a fine of rupees one hundred and fifty each imposed by the Sessions Judge, Ambala, by his order dated 5th January, 1968.

(2.) THE case of the prosecution, as emerging from the statement of Hari Chand p. W. is that Ram Sarup and Ram Kumar were the sons of his brother Shiv Ram and Vijay Singh was his cousin. On 10th February, 1967, Hari Chand left his village Rawalwas at about 11 a. m. for going to village Kali Rawan in order to return Rs. 1,000/- to his cousin Bhagwanti and when he reached Matar Sham bridge at about noon time he found the two appellants coming there in a rerhi. The two appellants raised alarm that they would not spare him and when he came down the bridge he found himself surrounded by the two appellants and their companions Shiv Ram and Viiay Singh. At that time Viiay Singh was armed with a bhala and the other accused had lathis with them and finding him in that situation all the four accused gave him injuries with their weapons. Viiay Singh gave blow from the wrong side of the bhala on his leg. On receipt of the injuries Hari Chand fell down and thinking him to be dead the four accused went away. After a short time one Jai Karan happened to come there and with his help Hari chand reached Balsamand Bridge from where he was taken in a tempo to the hospital at Hissar. After he was medically examined his statement was recorded by siri Ram Sub-Inspector on the basis of which a case was registered against the two appellants and Shiv Ram and Vijay Singh. While Shiv Ram and Vijay Singh were given the benefit of doubt and acquitted, the two appellants were convicted and sentenced as above.

(3.) AT the trial the appellants gave a counterversion of the occurrence and stated that Hari Chand attacked Ram Sarup in his field whose alarm brought Ram Kumar accused also to the spot and they gave injuries to Hari Chand in self-defence. The accused, however, did not produce any evidence in defence in support of their plea.