UDEY RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The judgment of learned Sessions Judge, Sirmaur District at Nahan dated October 29, 1999 is under challenge in these four appeals. The appellants in these appeals have been convicted for the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment. The appellants are also to pay fine of rupees 3,000 each. In the case of default in the payment of fine, the appellants are to suffer further imprisonment for one month. Prosecution case.

(2.) Dalip Singh (Al), Jagdish (A2), Kamal Singh (A3), Munshi Ram (A4), Bishan Singh (A5), Udey Ram (A6) and Prem Singh (A7) are residents of village Jamna, Tehsil Paonta Sahib in the District of Sirmaur. The residents of this village are the right holders and have grazing rights over the Government land in the Department of Forest near this village (hereinafter referred to as the common land). There are about 32 families in the village. Accused party wanted separation of their share in this common land. The complainant party resisted this move. The relations between the parties were strained. On July 16, 1998, a meeting was held in the house of Shri Rattan Singh of the complainant party in which it was decided to call the accused party on the next day morning, i.e, July 17, 1998 on the spot and separate their portion of the land. The accused party was informed about this decision and asked to be present on the spot on the morning of July 17, 1998. Both the parties assembled on the spot at about 6.00 or 6.30 a.m. on July 17, 1998. The complainant party consisted of Budh Singh (PW 1), Ex -pradhan of Gram Panchayat Jamna, Rattan Singh (deceased), Ran Singh (PW2), Munshi Ram (PW3), Kanshi Ram, Liaq Ram, Mukhia Ram and Narain Singh, whereas, accused party consisted of accused Dalip Singh, Jagdish, Kamal Singh, Udey Ram and Prem Singh. The complainant party assembled at the Government land and all the accused at a distance of 20 to 25 mtrs. below the complainant party. The complainant party asked the accused to come closer so that discussions could be held but the accused, instead, asked the complainant party to send Rattan Singh. Rattan Singh went near the accused party. He was attacked by Dalip Singh (Al) with a Darat and caused injuries on his leg, arm and chest. The other accused Udey Ram also attacked Rattan Singh with Darat and sticks. Rattan Singh struggled but fell down bleeding profusely. On seeing Rattan Singh being attacked by the accused, Budh Singh -and Ran Singh rushed to rescue Rattan Singh and raised alarm. However, by the time Budh Singh and Ran Singh could reach, all the accused fled away. Rattan Singh died on the spot. Police Station Paonta Sahib was informed about the occurrence by Budh Singh. A police party headed by Sub Inspector Dhani Ram, reached the place of occurrence, found dead body of Rattan Singh lying on the spot, recorded the statement of Budh Singh under Section 154 of the Code of Criminal Procedure and sent the same for recording of the formal First Information Report. Sub Inspector Dhani Ram prepared the Inquest Report and sent the dead body for post mortem. He also took into possession blood stained earth, cap and shoes of the deceased. Sub Inspector Dhani Ram, while returning to Police Station, found Prem Singh (A7) and Jagdish (A2) at village Kafota and brought them in his jeep to the Police Station. Accused Dalip Singh (Al), Munshi Ram (A4), Udey Ram (A6) and Bishan Singh (A5) were already in the Police Station. All of them were having injuries on their person. All of them were arrested. Kamal Singh (A3) was arrested at Paonta Sahib on July 19, 1998.

(3.) Post mortem on the dead body was conducted by Dr. S.N. Sachan (PW7), then Medical Officer at Civil Hospital, Paonta Sahib on July 18, 1998. Dr. Sachan found the following injuries on the dead body of Rattan Singh: (i) 21 x 10 x 4 cm. gapping wound and with sharp edge and clotted blood lying over lower 1/3 of left leg 24 Cm. from base of heel. It was incised wound and left fibula was incised through and through. (ii) Incised wound 5x2x2 cm. margins were clear cut and base was full of clotted blood. Wound was lying over interior surface of left fore -arm 12 cm. away from the lower end of radius. (iii) Incised wound 3x1x1/2 cms. with abrasion lying 4 cm. away from this wound. Margins were clear cut with base was full of clotted blood. Wound lying over right side of fore -head. (iv) Incised wound 3 x 8 x 1.2 cms. was lying over lateral side of right side of chest over 5th, 6th and 7th ribs. Margins were clear cut and base was full of clotted blood."