Ram Pat & Ors vs State Of Harayana

2. We may, at the outset, notice that eight persons were arrayed as accused in the aforementioned case. The High Court, however, did not grant special leave in respect of accused Nos.6 to 8. Accused No.1 died during the pendency of the trial. Accused Nos.2 to 5 only are, therefore, before us.

3. The prosecution case is as under:

4. Before the learned Sessions Judge, 14 witnesses were examined on behalf of the prosecution. Some of the witnesses although named in the charge-sheet were not examined by the public prosecutor on the premise that it was not necessary to examine them. They are Dr. Vijay Singh Yadav, Dr. Vinay Chaudhary, Dr. O.P. Saroha, Sheo Ram, Babu Lal, Raghbir, Mamli, Dhankauri and Ram Avtar. Lal Singh and Suraj Bhan were also not examined on the ground of having been won over by the accused.

5. The prosecution in support of its case mainly relied upon the evidence of Rajbir (P.W.8), Lal Singh (P.W.12). We would refer to their evidence a little later.

6. We may, however, notice that in the aforementioned incidence, Mamli, Dhankauri, wife of Lal Singh, as also Lal Singh were injured. They were examined by Dr. S.C. Goel (P.W.5). Mamli was examined immediately after the said occurrence and two injuries were found on her person, namely:

7. Harda Ram died on the same day. A post-mortem examination was conducted by a panel of doctors at 10.30 a.m. on 15.7.1993. The report shows the presence of following ante-mortem injuries on his person:

As an upshot of the above discussions, necessary conclusion which can be drawn is that the prosecution has been successful in leading sufficient evidence against the accused to prove the fact that they in furtherance of their common object inflicted injuries to Harda Ram which were found sufficient to cause death in the ordinary course of nature. Since Dr. Dinesh Poddar (PW11) opined that cause of death was coma, due to compression of brain as a result of head injury which is attributed to Ram Pat accused, therefore, he is convicted under Section 302 IPC and the remaining accused namely Sheo Ram, Daya Ram, Balwant and Bajrang are convicted under Section 302/149 IPC. Consequently, they are also convicted under Sections 447/148/506 IPC.

Now coming to the sentence, since the minimum sentence is being awarded against the accused, therefore, we do not feel the necessity to hear them on quantum of sentence. Consequently, accused - respondent Ram Pat is sentenced to undergo imprisonment for life and to pay fine of Rs.500/-. In default of payment of fine to further undergo rigorous imprisonment for one month under Section 302 IPC. The remaining accused are also awarded the same sentence under Sections 302/149 IPC, as has been awarded to the accused Ram Pat under Section 302 IPC.

Another purported admission made by P.W. 8 was said to have been made in Exhibit DQ. The said document disclosed that the Subordinate Judge First Class, Narnaul had confirmed the order of injunction dated 14.6.1993 by an order dated 9.12.1994 whereagainst an appeal was preferred by Daya Ram and Ram Pat in the Court of Additional District Judge, Narnaul. The parties admittedly had also been litigating before the Revenue Authorities in regard to their respective claims in the matter of getting their respective names mutated in the revenue records.

14. We would, therefore, proceed on the basis that the entries made in the revenue records were not decisive for proving actual possession.

If occurrence of the incident stands admitted, in our opinion, even if some delay has been caused in writing of the FIR, the same would not render the entire prosecution case suspicious.

21. There cannot be any doubt or dispute whatsoever that if two views are possible, the Appellate Court should not interfere with a judgment of acquittal, but this has many exceptions.

It is one of those cases, where two views were not possible.

22. For the aforementioned reasons, the appeal is dismissed. Appellants are on bail. Their bail bonds shall stand cancelled. Accused persons are directed to surrender forthwith to serve out the remaining sentence.

May 12, 2009