Case: Ram Kumar Vs. State of Haryana

the appellants name was clearly mentioned in the applications, his involvement in the incident does not get in any way lessened or obliterated. It is also pertinent to note that the evidence given by P.W. 4 in connection with what had happened on the day of the incident when Panchayat was convened and even on previous two days, could not be effectively challenged in the cross-examination. 11. It was next contended by the learned counsel for the appellant that the road near the bara was a zigzag and narrow one and the car could not have come carrying the appellant and the other accused as alleged by the prosecution. Even this contention cannot be accepted for the simple reason that in the cross-examination of the witness P.W. 4, it has been brought out by the defence itself that on one side of their bara, agricultural land was situated and even in further cross-examination of the same witness, it has been brought out that there was sufficient electric light on the vacant place towards which their bara opened. It is also further pertinent to not that there was no cross-examination of these witnesses on the aspect whether the car could have come or not on the spot or whether there was any zig-zag road. In fact, such a suggestion was not even put to any of the eye witnesses. Therefore, it is too late in the day for the learned counsel to submit that the car could not have come near the spot. So far as the presence of electric light is concerned, the witness had clearly stated that there were number of bulbs near the bara and they were burning.12. Learned counsel then submitted that the witness Mansa Ram had a weak eye-sight. Even this submission cannot be of any avail for the simple reason that when cross-examined, the witness Mansa Ram P.W. 5, stated his eye sight had become weak after the death of his younger son, Balwant Singh and that his long distance eye sight was all right.13. It was next submitted that if according to the prosecution three persons were sleeping in the bara on their cots, how only one cot was found by the police. In this connection it has to be observed that in the cross-examination of witness Mansa Ram, P.W. 5, it was brought out that a number of persons were sitting on their cots when they had collected at the spot after the incident and the other cots lying on the spot were removed for that purpose and only one cot on which the deceased was sleeping at the time of the incident was not removed from the spot. This explanation, which is accepted by both the Courts below, cannot be said to be in any way an unreasonable explanation. 14. It was then contended that the FIR itself appeared to be a concocted one and as such detailed averments were made therein and such detailed averments could not be written on the bus stand as alleged by P.W. 4, Dalel Singh. It is pertinent to note that nothing substantial in this connection could be taken out in the cross-examination. The statement of the witness in respect of the recording of the FIR on the bus stand is fully corroborated by the evidence of ASI, Vijay Singh. Even such a contention was not canvassed before the High Court in support of the appeal. It is, therefore, clearly an after-thought. 15. It was also contended that according to the version of the eye witnesses they waited for about one or one and a half hour at village Shamgarh after the incident before taking the victim to the hospital and this was improbable. We fail to appreciate this submission. It has to be kept in view that between 9. 30 to 10 p.m. the incident had happened at the village. The accused who had come in car had thereafter fled. Villagers had gathered on the spot. The evidence shows that they were in search of a vehicle to take the deceased to the hospital at Nilokheri which was a couple of kilometres away. After procuring the jeep, they could take the victim to the hospital. That would naturally take quite some time. Therefore, one and a half hours cannot be said to be an unduly long period which had elapsed before the victim could be taken to the hospital. 16. It was next contended that when the investigating officer had admitted that he had recorded statement of several persons, evidence at the stage of trial was given only by the victims close relatives - P.W. 4, is elder brother and P.W. 5, his father. In our view when the eye witnesses who were in company of the deceased at the time of the assault and who had witnessed the assault were examined there remained no occasion to examine other witnesses who obviously had come on the spot after the incident and would not have thrown any light on the actual happening of the incident. It was not the case of any one that along with the deceased and the eye witnesses there were any other witnesses present in the bara when the assault was mounted by the accused. Consequently, this argument is of no avail to the appellant.17. It was lastly submitted that the High Court ought not to have imposed the fine of Rs. 25, 000/- in the application filed by the complainant. In our view, this contention cannot be of any avail for the simple reason that when the High Court found that the deceased was done away with in such a brutal manner on the night of the incident, the accused should bear the fine of Rs. 25, 000/-. It could not have been said that such a discretionary order was not justified in the facts and circumstances of the case.18. These are the only submissions made by the learned counsel for the appellant. We find no substance in any of them.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]5. As this is an appeal on special leave, the concurrent findings reached by both the Courts on evidence cannot be lightly brushed aside and unless it is shown that the findings are against the weight of evidence or vitiated by any error of law, normally this Court would not interfere as a matter of course with such findings. It is in that light that we have to consider the main contentions canvassed by the learned counsel for the appellant in support of thisis, therefore, not possible to agree with the contention of the learned counsel for the appellant that there was no occasion for this witness or even his father, Mansa Ram to sleep in this bara. It has also to be kept in view that there was bitter litigation pending in connection with the ownership of this bara between the complainants side and the accuseds side. The complainants side had succeeded in the District Court and the appeal was pending in the High Court. Even apart from that, the evidence of P.W. 4 shows that two days prior to the date of the incident, the appellant Ram Kumar and his supporters had abused them and asked them to vacate the bara and that attempt failed. The act was also repeated on the previous day and even on the date of the incident, a Panchayat had to be convened by the complainants side where the accused did not remain present and in that sequence the incident that occurred on the night of that very day had to be appreciated. When such constant threats were given by the appellants and his suppporters in connection with the bara, it would be quite natural for the witnesses to sleep with the deceased in the said bara to protect their possession. Consequently, it is not possible to agree with the contention of the learned senior counsel for the appellant that these witnesses would not have been present in the bara at the time of the incident.The learned senior counsel next submitted that if the information had reachedVijender Singh P.W. 10, at about 11.10 p.m. onwhen he received the wireless message which had stated that firing was taking place at 11.08 p.m., it is not possible to believe that the firing had taken place in the bara between 9.30 to 10 p.m. and this showed that the prosecution hadthe incident. It is difficult to agree with thisour view, the aforesaid reasoning of the High Court is well sustained on evidence and therefore, it is not possible to agree with the submission of the learned counsel for the appellant that the incident was tried to beby the prosecution or that the eye witnesses would not have been present and it was a blind murder.9. It was next submitted that the medical evidence showed that the deceased had received the bullet only on the left side of his face and that would indicate that he must be sleeping when the pistol injury was given to him. Even this submission cannot be of any use to the appellant for the simple reason that being apprehensive of injury from pistol, the deceased would naturally have turned his face to avoid the injury and in the process might have been hit on the left side because only one shot was fired at the deceased.10. It was next contended that the statement Ex. DL andmade in the remand application by the police did not implicate the appellant. This submission was rightly rejected by the High Court which has observed that the English translation was defective and the original application in Hindi showed that Ram Kumar, appellant was in the company of other persons and had appeared on the scene and fired the fatal shot. Even if some other persons were mentioned in the remand applications, once the appellants name was clearly mentioned in the applications, his involvement in the incident does not get in any way lessened or obliterated. It is also pertinent to note that the evidence given by P.W. 4 in connection with what had happened on the day of the incident when Panchayat was convened and even on previous two days, could not be effectively challenged in the. It was then contended that the FIR itself appeared to be a concocted one and as such detailed averments were made therein and such detailed averments could not be written on the bus stand as alleged by P.W. 4, Dalel Singh. It is pertinent to note that nothing substantial in this connection could be taken out in theP.W. 4, is elder brother and P.W. 5, his father. In our view when the eye witnesses who were in company of the deceased at the time of the assault and who had witnessed the assault were examined there remained no occasion to examine other witnesses who obviously had come on the spot after the incident and would not have thrown any light on the actual happening of the incident. It was not the case of any one that along with the deceased and the eye witnesses there were any other witnesses present in the bara when the assault was mounted by the accused. Consequently, this argument is of no avail to the appellant.17. It was lastly submitted that the High Court ought not to have imposed the fine of Rs. 25, 000/in the application filed by the complainant. In our view, this contention cannot be of any avail for the simple reason that when the High Court found that the deceased was done away with in such a brutal manner on the night of the incident, the accused should bear the fine of Rs. 25,It could not have been said that such a discretionary order was not justified in the facts and circumstances of the case.18. These are the only submissions made by the learned counsel for the appellant. We find no substance in any of them.