DHANIA Vs. PARAS RAM

JUDGEMENT

(1.) This is an application in revision on behalf of the complainant in a criminal case under Sections 302 and 307, read with Section 34, Penal Code. The prayer in the application is that the order, dated 1st July 1949, acquitting Paras Ram alias Palta, of village Kudral, passed by Shri J.N. Bhagat, Sessions Judge of Mahasu, be set aside and be be dealt with according to law. Page 1 of 9 Dhania vs. Paras Ram (08.04.1950 - HPHC)

(2.) The application arises out of an occurrence, which took place in village Kudral (Pargana Matiana) in Theog, at 10 A. M. on 15th, November 1948. According to the prosecution story, Kharia, along with five others, namely, (1) Lachhi (P. W. 5), wife of Dhania (P. W. 2), who is a brother of Karam Das, deceased, (2) Mathu, son of Karam Das, deceased, (3) Dassi, wife of Ratia (P. W. 11), who is a brother of Karam Das, deceased, (4) Kharia's mother, Dhungri and (5) his wife, Mathi, had gone to his Ghasni to cut grass and bring it home. In the adjoining Ghasni, Jit Ram. (D. W. 1), son of appellant Gopal was grazing bullocks and Mathi, his sister and Kaunla, daughter of co-accused, Paras Ram alias Palta, were cutting grass. It is alleged by the prosecution that Jit Ram and Mathi held consultation and Jit Ram left to call his father, the appellant, Gopal, at about noon. Two hours later, Gopal appeared on the scene with a doublebarrel gun. No sooner did he appear than Ratio Kalia (P.Ws. 11 and 12), brothers of Karam Das, deceased, who were grazing bullocks nearby and also one Balanand (P. W. 10) shouted at Kharia, who, on seeing Gopal with a gun, dropped the load of grass, which he was carrying and ran into an adjoining field below, where Chaurun and Lagnu (father and son, Kohlis by caste) where cutting grass. It is alleged that Gopal took aim at Kharia and fired, hitting him with shots on the left arm and thigh. He then fired the second barrel and Kharia fell down near Lagnu whose leg he caught to shield himself. Upon this, Chaurun covered both Kharia and Lagnu with his body and offered to take further shots on himself. It is also alleged by the prosecution that Gopal re-filled the gun and called upon Ghaurun to get away and leave Kharia. But Ghaurun would not listen. Paras Ram, alias Palta, was then seen to be going near his brother, Gopal and taking the gun from him. He and Gopal left together. Soon afterwards another shot was fired, the report of which was heard by the fallen Kharia and also by Chaurun and Lagnu, who were by his side attending to him, near the depression known as Nalli or Nalla. But the other prosecution witnesses saw Paras Ram, alias Palta, firing at and killing Karam Das, who was coming to their direction from his field presumably on hearing the report of two firings. Karam Das dropped down dead and the two brothers left the place at once.

(3.) The first information report was laid at 11.115 P. M. (night) at Theog, the nearest police station, at a distance of about eleven and a half miles, by one Dhania (D. W. 2), brother of Karam Das, deceased and the police commented investigation at dawn, the next day, 16th November 1948. At about 7-30 P.m., on 16th November 1948, the appellant, Gopal, appeared at the police station at Sanjauli at a distance of about twenty-seven miles from his Village, Kudral, with two swords and made a statement, which, Bishan Singh, D. W. 2, officer-incharge, wrote down in the station diary and at the foot of which, the appellant, Gopal, signed his name. A copy of this statement (Ex. DF/1) was forwarded by Bishan Singh to the Investigation Officer. From this statement, it appears that his daughter, Mathi, half way from the house shouted at him that twenty or twenty-two persons were cutting grass in the Ghasni and carrying it away. He proceeded with the gun first to the field to scare away the monkeys and from there touched the scene of occurrence, where he saw his son surrounded by Kharia and Karam Das with swords in their hands and also by other persons, including lumbardar, Hari Singh. When he shouted at them and enquired why his son was surrounded, Kharia and Karam Das let go his son and tried to besot Page 2 of 9 Dhania vs. Paras Ram (08.04.1950 - HPHC) him. He felt that his life was in danger and therefore, fired at them, one at Kharia and the other at Karam Das. They fell down and their swords flew out of their hands, which he picked up. He returned home and took rest and at about midnight set out to make a report at Junjga Thana via Sanjauli, a distance of about forty miles from his village. When he reached Sanjauli he came to know that there was no Thana at Junga and consequently, he came to Sanjauli Thana to make a report and surrender the swords to the police.