Jai Kumar vs State Of Haryana

4. Appellant was charged for commission of offences punishable under Sections 392, 397 and 302/34 of the Indian Penal Code. The occurrence took place on 9.10.1991. A First Information Report was lodged by one Mane Ram (PW8) who alleged that he along with the deceased Raghbir Singh had gone to village Kaillana in a tractor to bring `barma' (an instrument for drawing water) from one Nandlal. After collecting the same, they left for their village at about 12 noon. They reached a village commonly known as `Pugthala' and purchased liquor from a liquor vendor. The deceased separately purchased a nip of liquor and carried the same with him. When they reached near village Chamrara, the appellant, son of Basu Sardar, Jai Kumar, Subhash and Joginder Singh met them. Son of Basu Sardar took away the nip of liquor from the deceased and consumed it. All of them again consumed some illicit liquor. They came back at the place where they had met Mane Ram and Raghbir Singh.

For some reasons or the other, an altercation took place between son of Basu Sardar, Subhash and Jai Kumar. Son of Basu Sardar caused an injury on the head of Subhash and fled away. Subhash was being taken to village Pugthala for his treatment. Accused Joginder Singh drove the tractor 3 towards village Bajana along the bank of a canal. They reached village Kasandi and near the bridge of the canal, Joginder Singh stopped his tractor and started robbing money from the pocket of the deceased Raghbir Singh. When PW8, Mane Ram and Subhash intervened, Joginder Singh caught hold of Mane Ram and threw him in the canal. Appellant and Joginder Singh caught hold of Raghbir Singh and also threw him in the canal. The deceased tried to save himself by catching hold of the grass grown on the bank of the canal. Appellant and the said Jagmohan Singh kicked him on his face and he was again thrown in the water. He could not come out. Mane Ram, however, knew swimming and he came out of the canal at some distance. He after coming out, searched for the deceased and the tractor. He could neither find the deceased nor the tractor. Mane Ram and Jai Singh went to village Mandi at about midnight and informed Amar Singh (PW6), father of the deceased. The First Information Report was lodged thereafter.

5. All the accused including Subhash and the Appellant were convicted for commission of offences under Sections 392, 397 and 302 read with Section 34 of the Indian Penal Code. Appeals filed before the High Court were dismissed. Subhash alone approached this Court. Contention raised on his behalf that he was falsely implicated was not accepted. The circumstances which were placed on record on the basis of the evidences of the witnesses were stated, thus :

7 years for each of the offence under Section 392 read with Section 397 IPC is accordingly upheld.

The appellant committed the offence of culpable homicide not amounting to murder. The appellant is accordingly convicted under Part II of Section 304 IPC and sentenced to undergo rigorous imprisonment for 7 years. The sentences to run concurrently."

9. We, therefore, are of the opinion that the case of the appellant is not in pari materia with that of Subhash. He has rightly been convicted under Section 302 of the Indian Penal Code. There is no merit in the appeal. It is dismissed accordingly.

July 21, 2009