Ramesh vs State Of Haryana

3. The prosecution started on the basis of the report given by PW.1, Randhir before the Assistant Sub-Inspector of Police in Civil Hospital, Jind on 21.4.1997 at 1.30 P.M. According to the First Information Report, there was litigation between Baba Krishangir and Baba Joragir in respect of 105 Killas of land in village Pokhri Kheri which travelled upto the Supreme Court and decided in favour of Baba Krishangir, who was in possession thereof. It has been alleged that in August last year, followers of Joragir fired at Krishangir at Jind Court as Joragir wanted to take possession of the land. Informant claims to be the supporter of Krishangir and according to him on 21.4.1997 at 7 A.M. he along with other persons including PW.3, Vedpal were at the Dera and at that point of time appellant Rajbir (appellant in Criminal Appeal No.1274 of 2007), appellants Rajesh, Dharamvir son of Rajmal, Hoshiara, Jage, Dharamvir son of Maha Singh, Ram Mehar alias Babru 4 Dass and Prem Singh (appellants in Criminal Appeal No.1273 of 2007) and Ramesh (appellant in Criminal Appeal No.628 of 2007) besides the accused persons acquitted by the trial court and those acquitted by the appellate court variously armed came to the place of occurrence from the house of Joragir situated nearby. It has been alleged by the prosecution that Chander Bhan, since acquitted by the High Court, gave exhortation to other accused persons to teach a lesson to the followers of Krishangir present there for not allowing them to enter the land, whereupon all the accused persons attacked them. This was protested by Krishan a supporter of the Dera, who came to the place of occurrence on hearing the noise and asked the accused persons as to why they were assaulting the followers of Krishangir. At this, appellant Dharambir son of Rajmal fired from his pistol which caused injury on the face of Krishan and he fell down there. Prem Singh fired from his pistol at PW.3 Vedpal on his right shoulder. Appellant Jage as also appellant Teka gave lathi blows on the head and right arm respectively of the informant's brother, namely, 5 Ramesh. Appellants Ramesh and Ram Mehar besides another accused assaulted Raj Kumar causing injuries on the left arm, left hand and head. Appellant Dharambir son of Maha Singh gave two lathi blows on the head of the informant, namely, Randhir. Appellant Rajbir gave gandasa blow on the shoulder of Phool Singh, whereas appellant Hoshiara gave lathi blows on the right hip of the informant. Appellant Rajesh is alleged to have shot at the informant from his pistol causing injury on his left hand. During the fight, according to the prosecution, Darbara son of Chhotu Ram and Rajpal son of Nafe Singh came to the spot and witnessed the occurrence and the accused persons on their arrival ran away from the place of occurrence. Bhim Singh son of Nafe Singh took the injured Krishan to the Civil Hospital, Jind in a tractor but he succumbed to the injury in the way.

4. On the basis of the aforesaid information, a case under Sections 302, 307, 448, 449, 323, 324, 148 read with Section 149 of the Indian Penal Code and Sections 25 and 6 54/59 of the Arms Act was registered against the appellants and other accused persons since acquitted by the trial court as also the appellate court. Police after usual investigation submitted the charge-sheet and the accused persons were committed to the Court of Sessions to face the trial. Charges were framed and they pleaded not guilty and claimed to be tried. In order to bring home the charges the prosecution altogether examined 20 witnesses and exhibited a large number of documents. Out of the witnesses examined by the prosecution PW.1 Randhir, PW.2 Ajit, PW.3 Vedpal and PW.4 Rajpal, claim to be eye-witnesses to the occurrence and had sustained injuries. All of them in their evidence had supported the case of the prosecution.

5. The trial court relying on the evidence of the eye- witnesses and doctors who examined them and who conducted the postmortem report came to the conclusion that the prosecution has been able to prove its case beyond all reasonable doubt so far as the appellants herein and the respondents Chander Bhan and Lachhman are concerned. 7 Accordingly, all of them have been held guilty under Sections 148, 302/149, 307/149, 325/149, 324/149 and 323/149, 307/149, 325/149, 324/149 and 323/149 and 449 of the Indian Penal Code and sentenced to undergo various terms of imprisonment, including imprisonment for life under Section 302/149 of the Indian Penal Code. Appellant Nos. 1, 2 and 7, namely, Rajesh, Dharambir and Prem Singh in Criminal Appeal No. 1273 of 2007 have also been held guilty under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and fine of Rs.500/-. However, while convicting them the trial court has acquitted altogether nine accused persons. It is relevant here to state that besides the appellants herein, the trial court had also convicted accused Teka, Lachhman, Chander Bhan and Ramphal and all of them have been acquitted by the High Court in appeal. It is further relevant here to state that against acquittal of Chander Bhan and Lachhman, appeal has been filed but the acquittal of Teka and Ramphal has not been assailed.

12. In the result, we do not find any merit in all these appeals and same are dismissed accordingly.

Draft Judgment in the above matter is sent herewith for perusal and kind consideration.

With regards, (Chandramauli Kr. Prasad) 18.10.2010 Hon'ble Mr. Justice Harjit Singh Bedi 15 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.628 OF 2007 RAMESH ... APPELLANT VERSUS STATE OF HARYANA ... RESPONDENT WITH CRIMINAL APPEAL No.1272 OF 2007 AJIT SINGH ... APPELLANT VERSUS CHANDER BHAN & ORS. ... RESPONDENTS WITH CRIMINAL APPEAL No.1273 OF 2007 RAJESH & ORS. ... APPELLANTS VERSUS STATE OF HARYANA ... RESPONDENT WITH CRIMINAL APPEAL No.1274 OF 2007 RAJ BIR ... APPELLANT VERSUS CHANDER BHAN & ORS. ... RESPONDENTS JUDGMENT TO BE PRONOUNCED BY HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD ON 21.10.2010 (THURSDAY)