DEVI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Crl. A. No. 270-DS of 1995 filed by Devi Lal appellant, CH. A. No. 273 DB of 1995 filed by Het Ram and Rawat Ram appellants and Criminal Appeal No. 94-DBA of 1996 filed by the State of Haryana against the acquittal of Bhim Sain and Kesra Ram as the same arise out of a common judgment.

(2.) The brief facts and circumstances which emerged in this case are not uncommon. Such incidents are part and parcel of the dust and din of the village life. The deceased Kheta Ram, aged 40 years, along with his two sons Sushil Kumar (PW I) and Rohtas Singh (PW2) agriculturists, lived together in village Rasal Kesra, in the area of Police Station, Saddar, Dabwali. The deceased was reported to be involved in a number of criminal cases and had also undergone sentence in a murder case. Rai Singh son of Devi Lal had lodged a report with the police on 14.8.1992 that the deceased had caused injuries to him Jagir Singh (not concerned) had also given injuries to Rai Singh. So,on the other hand, Devi Lal, Het Ram, Kesra Ram, Bhim Singh and Rawat Ram, agriculturists formed another group in the said village and they were against the complainant and had been looking for an opportunity to attack him if and when found a chance to do it. At the same time Kheta Ram deceased and his sons were not on speaking terms with most of the persons in the village they hail from.

(3.) On 29.9.1992, around 8.30 P.M. Kheta Ram allegedly went to bring Biddi and match box from the market and proceeded in the street. When hardly he had gone a few paces and reached near the house of one Duli Chand (not produced) Bhim Sen, aged 60 years, Het Ram, aged 38 years, Rawat Kam, aged 59 years and Kesra Ram, aged 59 years, all armed with guns and Devi Lal, aged 45 years, armed with a Gandasi way laid the deceased Kheta Ram. Het Ram appellant fired a shot from his gun on Kheta Ram and another shot was fired at him by Rawat Ram, as a result of which the deceased fell to the bullets. Thereafter, Devi Lal inflicted a number of Gandasi blows to the deceased. Sushil Kumar son of the deceased witnessed the occurrence and when he heard the fired shots, out of fear went inside the house and came out again. In the meantime, the accused persons took to their heels. Rohtas Singh (PW.2) also witnessed the occurrence and be made a statement before the police Ex.PD and on its basis formal F.I.R. Ex.PD/I was recorded by Shri Om Parkash MHC, Rohtas Singh mentioned in his statement that soon after the occurrence he had gone to village Ghukiamvali and from there he went to village Subakhera, where his deceased father's sister Man Kauri (PW.6) aged 60 years was residing. In the morning he came back from that place and made the aforesaid statement Ex.PD at 9 A.M. on 30.9.1992 at Chowk Goriwala where the police came across to him. The special report was carried to the learned Ilaqa Magistrate on 30th September, 1992 at 10.A.M. Firstly the time put up on the F.I.R. was 11 A.M. and then it was changed to 12 A.M.(should have been noon). The post mortem of the deceased was performed by Dr. A.K. Bishnoi (PW.5). The autopsy report is Ex.PR. An inquest report Ex. PJ was prepared on 30.9.1992. The Investigating Officer after the machinery of law had been set into motion allegedly lifted the card board wads, five empty cartridges Ex. P1 to P5 from the spot. He also prepared rough site plan of the place of occurrence Ex.PH in which he had shown that the blood was lying at a particular place near the card board wads and the blood was lifted. Kartar Singh ASI (PW7) presented a double barrel gun. 12 bore by Het Ram along with three live cartridges and the licence which were taken into possession vide memo Ex.PT on 8.10.1992. Similarly the gun of Rawat Ram a single barrel. 12 bore was taken from his house with two live cartridges and his licence vide memo Ex. PU. A Gandasi was taken into possession from Devi Lal vide recovery memo Ex.PS. No disclosure statement was recorded. These weapons of offence were deposited with the MHC on 2.10.1992. This case property was delivered at the Forensic Science Laboratory, Madhuban on 23.10.1992. The report of the Forensic Science Laboratory is Ex.PM indicating that the said shots were fired from the guns recovered from the accused. Man Kauri (PW.6) was examined by the Investigating Officer and she supported the version of Rohtas Singh (PW.2) that he had approached her at night and had told her about the occurrence. However, she claimed that her statement was not recorded by the police during the investigation of the case.