State Of Haryana vs Bira @ Bhira

3. Prosecution story, in brief, is that Vakil Singh (deceased in the present case) was an accused in the case of murder of one Atma Ram of Village Nagal. He (Vakil Singh) was acquitted by the Apex Court about a month before the incident of the present case. On 08.05.2005 at about 11.00 a.m., he was coming along with his wife (PW-8 Balbiro) to his village from Bicchian where the two had gone in connection with condolence of one of their relatives. PW-7 Tehla Ram along with his uncle Mohan Singh had also gone there and was ahead of them. At that point of time, the three accused namely, Sant Lal, Fatta Ram and Bira @ Bhira who were armed with deadly weapons came on motorcycles and intercepted Vakil Singh. All the three accused persons assaulted Vakil Singh. Accused Sant Lal gave a blow with a ‘Gandasi’ (heavy sharp edged weapon), accused Fatta Ram gave a blow with a ‘Lathi’ and Bira @ Bhira allegedly gave a blow with iron rod (handle of water pump). PW-8 Balbiro resisted but she was also assaulted by the accused persons. When Mohan Singh and PW-7 Tehla Ram, who were ahead, turned back, the three accused attempted to flee but Fatta Ram fell down from his motorcycle as the same got skid and he was caught by villagers. The other two managed to escape. PW-7 Tehla Ram took both the injured Vakil Singh and Balbiro to Mahavir Dal Hospital, Cheeka. Vakil Singh succumbed to the injuries and died in the hospital. The First Information Report (Ex. PH-

Inspector Brij Mohan of Police Station, Cheeka started the investigation. PW-2 Dr. Aman Sood along with team of doctors conducted the post mortem examination and prepared autopsy report. The investigation was completed by PW-3 Sub-Inspector Surta Ram who submitted the charge sheet against all the three accused for their trial in respect of offence punishable under Section 302 IPC.

4. After committal of the case, Sessions Judge, Kaithal, framed charge against all the three accused in respect of offences under Section 302, 323 read with Section 34 IPC to which all the three accused pleaded not guilty and claimed to be tried. On this, prosecution got examined PW-1 Dr. Ajit Pal Singh, PW-2 Dr. Aman Sood, PW-3 Sub-Inspector Surta Ram, PW-4 Constable Gurvinder Singh, PW-5 Head Constable Balwinder Singh, PW-6 Dr. Romila Jhanji, Medical Officer, PW-7 Tehla Ram (informant eye witness), PW-8 Balbiro (injured eye witness), PW-9 Draftsman Lachman Singh, PW-10 Ram Mehar Singh, PW-11 Head Constable Bir Bhan, PW-12 Assistant Sub-Inspector Dharam Pal and PW-13 Sub-Inspector Brij Mohan (Investigating Officer). The prosecution evidence was put to the accused under Section 313 of the Cr.P.C. in reply to which they pleaded that the evidence adduced against them is false. In defence, on behalf of the accused DW-1 Ajmer Singh, DW-2 Garibu Ram and DW-3 Puran Singh were got examined. The trial court after hearing the parties found that charge of offences punishable under Sections 302, 323 read with Section 34 IPC is proved against all the three accused. Accordingly, all the three were convicted and each one of them was sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/- (under Section 302 IPC), in default to undergo further six months rigorous imprisonment. Further, the trial court sentenced the convicts to undergo rigorous imprisonment for a period of six months under Section 323/34 IPC.

6. Swelling 3 cm. x 2 cm. on right side of back, 6 cm. from vertebral colon, corresponding to L.4. X-ray was advised.” In view of the above evidence, the prosecution story further gets corroborated that after the incident Fatta Ram was apprehended and beaten by villagers. As such, we find no error in the conviction recorded against him and the Special Leave Petition filed by him is liable to be dismissed.

14. For the reasons as discussed above, we find no force in the appeal filed by the State of Haryana, and the Special Leave Petition filed by the Fatta Ram. Accordingly, the Criminal Appeal and the Special Leave Petition are hereby dismissed.

April 24, 2017.