Umrao vs State Of Haryana & Ors

Rajinder is son of the appellant. He further hurled a blow with the said "kassi"on the head of the deceased, who fell down. The accused-respondent No.2-Babu Lal and respondent No.3-Ram Swarup also hurled several blows with "jelly" and "lathi" respectively, on the waist and back side of shoulders of the deceased. Respondent No.5-Golu Ram caused one injury on the head while respondent No.6-Ramji Lal caused one injury on the left elbow and another on left rib of the appellant-Umrao by giving several lathi blows. Yad Ram again inflicted a "kassi" blow from its reverse side on the right rib of Rewti. Ram Dayal caused injuries on the waist and one injury each on both the hands of Rewti.

After the deceased was admitted to the hospital, an information was sent to the Narnaul Police Station, whereupon the P.W.12-Anishi Lal, Head Constable visited the hospital and recorded the statement of the appellant at about 2.30 P.M. The FIR was lodged on the same day at 2.40 P.M. on the basis of the said statements.

The defence of the respondents as regards the death of the said Rajinder was that after his discharge from the hospital on 25.9.1992, he fell down from the staircase of his house at about 7.15 in the evening as a result whereof he sustained head injuries leading to his death.

For causing the death of Rajinder, under Section 302/149 I.P.C. the respondent Nos.2 to 6 herein were sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/- each. They were furthermore sentenced to undergo rigorous imprisonment for four years under Section 307/149 I.P.C. for attempt to murder Rewti and sentenced to undergo rigorous imprisonment for two years for causing grievous hurt to the appellant herein. They were moreover convicted under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for six months. In default of payment of fine, the accused were to undergo further rigorous imprisonment for one year. All the sentences were, however, directed to run concurrently. The learned trial judge, while recording the judgment of conviction and sentence, relied upon the evidence of the appellant herein (examined as P.W.9.) and one Har Dhian (P.W.10) who were eye-witnesses to the occurrence. The learned Trial Judge also noticed that the deceased had suffered the following ante-mortem injuries:

The High Court set aside the conviction and sentence of Yad Ram under Section 148, 325/149, 307/149 and 302/149 and sentenced him to undergo rigorous imprisonment for five years under Section 304 Part-II I.P.C. for causing injury on the head of Rajinder and directed him to pay a fine of Rs.5000/-, in default whereof, to further undergo rigorous imprisonment for one year and also sentenced him to undergo two years rigorous imprisonment under Section 326 I.P.C. for causing grievous injury to Rewti. It was directed that out of the amount of fine of Rs.5,000/-, which was to be deposited by accused-Yad Ram, a sum of Rs.1,000/- to be paid to Rewti by way of compensation and the balance of Rs.4,000/- to be paid to the appellant herein.

In the instant case, we are only concerned with the question as to whether the respondents had any intention to cause the death of the deceased Rajinder and attempt to murder Rewti.

We are satisfied upon examination of the materials on record and in particular, evidence of P.W.8, that the view taken by the High Court is a possible view.

We, therefore, find it difficult to interfere with the impugned judgment of the High Court. Accordingly, the appeals are dismissed.