Sada Ram vs State Of Haryana

2. The case of the prosecution is that an occurrence took place at about 6.00 P.M. on June 26, 1994. The appellant shot at his father and brothers as a result of which one of the brothers namely, Ram Dass succumbed to his injuries while his father Arjun Singh (PW-2) received serious gun shot injuries. The appellant pleaded a right of private defence which has been disbelieved by both the Courts below.

3. We may only briefly notice the facts of the case. The appellant herein had six brothers including the deceased Ram Dass and Ram Avtar (PW-1). The appellant lived on the outskirts of the village while his father and brothers lived in the Abadi. Two of his brothers namely, the deceased Ram Dass and Satbir Singh had also raised some minor construction adjoining the house of the appellant though they also lived in the village Abadi. On the date of occurrence Arjun Singh (PW-2), the father of the appellant and his two brothers had undertaken some earth work in front of their kothas adjoining the appellant's property. It appears that on account of rain, the mud had come on the road near the house of the appellant. At about 6.00 P.M., Arjun Singh (PW-2) attempted to repair the earth work to which the appellant protested and an altercation followed between the father and the son which attracted to the place of occurrence his other sons including Ram Avtar (PW-1) as also the wife of the deceased Ram Dass. On seeing that they were coining towards him, the appellant is alleged to have pushed and dragged his father Arjun Singh into his courtyard. When Ram Avtar (PW-1) and Ram Dass (the deceased) came rushing to prevent any serious injury to their father, the appellant released his father in the courtyard and went inside his house. He picked up his 12 bore licensed single barrel gun and fired a short from the window of the room. He had taken precaution of bolting the door to provide himself sufficient protection. The shot fired by him hit Ram Dass (the deceased) on his right side Chest and arm and some of the pallets caused injuries to the right arm of his father Arjun Singh (PW-2). Both the injured were put in a tractor and taken to the Bus Stand from where they left for General Hospital at Rewari. Ram Das succumbed to his injuries on the way, but Arjun Singh was removed to the Safdarjung Hospital at Delhi.

4. Ram Avtar (PW-1) stayed back at the General Hospital, Rewari. The hospital authorities had sent a memo to the police authorities pursuant to which ASI Man Singh reached the General Hospital, Rewari and recorded the statement of Ram Avtar (PW-1). At about 10.00 P.M. on the basis or the said report, a formal first information report was drawn up at 0.15 hours on the same night and the special report was dispatched at the Illaqa Magistrate at Jhajjar which was received by him on the same day at 2.00 A.M. ASI Man Singh inspected the place of occurrence and picked up blood stains, pieces of card board wads and a fired cartridge. It was later confirmed that the cartridge had been fired from the licensed gun of the appellant.

5. At the trial, the appellant took up the plea of right of private defence. According to him, he had been discharged from the military service on medical ground whereafter he came and settled down in his village. He was deprived of his share in the landed properties by his father and brothers. This gave rise to some bitterness between him and his brothers and therefore he started living separate from them in a house constructed by him just outside the village. According to him, his father Arjun singh was lifting earth in front of his house and was digging pits. He objected to his doing so which gave rise to altercation between him and his father. At about that time, his brothers Ham Dass (the deceased), Indraj and Satbir also came there. According to him, Indraj and Satbir were carrying lathies and his brothers started beating him with lathies. Getting scared, he rushed inside his house to save himself. He closed the door of the courtyard of his house but his brothers pushed open the door and followed him. All his brothers ran after him but he managed to reach inside his house and closed the door. He warned his brothers that they were trying to kill him but that had no effect and his three brothers attempted to break open the door with a view to attack him. To save himself, he picked up his licensed gun and fired from the window.

10. Having regard to all the facts and circumstances of the case, we are satisfied that the Courts below have not committed any error in convicting the appellant of the offences punishable under Sections 302, 307 of the Indian Penal Code and Section 27 of the Arms Act. We find no merit in this appeal and the same is accordingly dismissed.