SATPAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellants Sat Pal, Gurdas, Amar Chand, Mohinder Singh and Ramesh, hereinafter referred to as the accused, have been convicted by the learned Sessions Judge, Solan for offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code in Sessions Trial No. 6 -NL/7 of 1997 vide judgment dated June 24, 1998 and each has been sentenced to: (i) rigorous imprisonment for one year and fine of rupees 500 each for offence punishable under Section 147 of the Indian Penal Code; (ii) rigorous imprisonment for two years and fine of rupees 500 each for offence punishable under Section 148 of the Indian Penal Code; and (iii) life imprisonment and fine of rupees 500 each for offence punishable under Section 302 read with Section 149 of the Indian Penal Code. In case of default in the payment of fine, all the accused are to suffer further imprisonment for six months each. In case of the realization of the fine, rupees 5,000 has been directed to be paid as compensation to the widow of the deceased.

(2.) Dis -satisfied with the conviction, accused have preferred the present appeal. Prosecution case.

(3.) Jagat Ram deceased was resident of village Sunna. Having retired from the Army, he was working as JBT Teacher. On the morning of October 22, 1996, he left his house to attend a panchayat hearing at Dolli. Devinder Kumar (PW 6) was a Member of Gram Panchayat Dolli at the relevant time. He met Jagat Ram at about 10.30 a.m. on his way to Dolli, It was decided between two of them that they will return back together in the evening. Jagat Ram visited Dolli Panchayat at about 3.30 p.m. He was drunk. He snatched file from the table of Pradhan of Gram Panchayat. His case was adjourned. Jagat Ram came out of the Panchayat. Devinder Kumar met deceased Jagat Ram outside the shop of one Ram Dittu. Jagat Ram asked Ram Dittu to buy for him a bottle of liquor, When all three of them reached Bhatiyat. Ram Dittu and Jagat Ram went into the floor mill of one Balak Ram. After some time, three of them then again started on their way to Sunna. At Gajre Ki Bouri, Jagat Ram and Dittu consumed liquor. Ram Dittu returned from that place and thereafter, Jagat Ram and Devinder started walking towards Sunna. On their way, at Chilano Moar, they met Sat Pal (PW 1) and Mahantu (PW 7). Sat Pal asked deceased as to why he (Jagat Ram) had given him beatings on an earlier occasion. Sat Pal was armed with danda. In the meanwhile, other accused persons also appeared. Each of them were having a danda in their hand. Arguments between deceased and Sat Pal (PW 1) ensued. Mahantu (PW 7) advised them not to quarrel. Mahantu was asked not to meddle. All of them started walking towards Ulna. When they reached Gabli Ghasni, (about 30 mtrs. from Chilanoo MoarL Sat Pal (PW 1) called Devinder (PW 6) a dalla (pimp) of Jagat Ram. Sat Pal slapped and pushed Devinder (PW 6). Jagat Ram was beaten by the accused with "dandas. Devinder was asked to take Jagat Ram to his house. However, after walking some distance, accused again pushed Devinder, kicked him from behind and warned him that he should not give evidence in favour of Jagat Ram. Devinder Kumar (PW 6) finding opportunity escaped. He shouted for Mahantu (PW 7), apprised him of the occurrence and then both of them came to the house of Mahantu. Devinder slept in the house of Mahantu that night. In the morning of October 23, 1996, Parveen (PW 3) son of deceased Jagat Ram spotted the dead body of his father lying near bouri in village Lower Sunna, who, in turn, intimated his mother Smt. Savitri wife of deceased (PW 2) and Jai Lai (PW 4) brother of the deceased. The matter was immediately reported to the Police. Police team headed by Govind Ram Station House Officer (PW 16) came to the spot, recorded the FIR on the statement of Jai Lai (PW 4), brother of deceased Jagat Ram. The Investigating Officer prepared the inquest report, took into possession the blood stained earth stones etc., from the place where dead body was lying. After completing the formalities, sent the dead body for post mortem. Accused were arrested. On the disclosure statement made by all the accused, five dandas Exts. P 16 to P 20 were recovered. Dr. A.K. Tewari (PW 5) conducted the post mortem on the body of Jagat Ram on October 24, 1996 and found the following injuries on the person of the deceased: "A lacerated wound on right eye brow size 1" obliqly into a skin depth with clot and fresh blood coming from the same, A compound fracture of shaft radius and ulna. A small size lacerated wound 1/2 cm. on dorsal aspect of right elbow. Two lacerated cut wounds on right leg anteriorly size 1 cm. each. A lacerated wound on left leg anteriorly size lcm. x 1 cm. depth with multiple bruises and abrasions. All were ante mortem in nature."