RAM TIRATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I will dispose of Criminal Appeal No. 396-SB of 1987 titled as Ram Tirath and others and Criminal Revision No. 964 of 1987 titled as Balkar Singh v. Ram Tirath and others as the appeal and the revision have arisen from the judgment and order dated 10.6.1987 passed by the court of Sessions Judge Karnal who convicted Sarvshri Rati Ram and Ram Tirath under section 307 IPC and Arjan Ram and Hari Ram under section 307 read with section 307/34 IPC for causing fire arm injury to Balkar Singh and the sentence which was imposed upon the appellants was as follows :- Accused Rati Ram To undergo rigorous imprisonment for five years. Accused Ram Tirath To undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/-. In default of payment of fine to further undergo RI for one year. Accused Arjan Ram To undergo rigour imprisonment for three years and to pay a fine of Rs. 500/-. In default of payment of fine to further undergo RI for one year. Accused Hari Ram To be released on probation on his furnishing bond in the sum of Rs. 2,000/- with one surety in the like amount and to keep peace and be of good behaviour during the period of one year and to appear and receive sentence as and when called upon during the said period.

(2.) THE brief facts of the case can be described in the following manner :- FIR No. 301 dated 7.11.1986 was registered in Police Station Kaithal under Section 307 read with Section 34 IPC. As per allegations of the prosecution Shri Arjan Ram gave a lalkara upon which his co-accused Ram Tirath appellant fired shots from his gun but the shots missed. Then Rati Ram appellant fired three shots from his revolver as a result of which Balkar Singh received three pellet injuries in his legs. On the basis of the said prosecution version, four accused namely Ram Tirath, Rati Ram, Hari Ram and Arjan Ram resident of village Parbhawat were arrested and produced before the learned Illaqa Magistrate who vide his order dated 6.2.1987 committed the accused to the court of Sessions.

(3.) IN order to prove the charges, the prosecution examined Shri Santokh Singh as PW1 who deposed that his field had a common dol with the field of Balkar Singh who is son of his brother. On 11.5.1986 at about 10.30 p.m. Balkar Singh was irrigating his fields and Jit Singh was helping Balkar Singh. He heard three shots of the gun fire as a result he along with Sukhdev Singh reached the spot in the field of Balkar Singh. Balkar Singh and Jit Singh were lying on the ground. It has been further stated that Sarvshri Arjan Ram, Ram Tirath, Rati Ram and Hari Ram was present there. Arjan Ram and Hari Ram were carrying kassis while Ram Tirath and Rati Ram were carrying rifles. It has been further stated by Shri Santokh Singh that he had a torch and in the torch light he identified all the appellants. It has been further stated by Santokh Singh that Balkar Singh had received pellet injuries on his shin and feet. The motive has also been deposed by this witnesses by stating that the accused wanted to forcibly pass the irrigation water through their fields to which they objected to.