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PUNJAB & HARYANA HIGH COURT
H.S.Brar and K.S.Kumaran JJ.
Sumer S/o.Sis Ram
Versus
State Of Haryana
Criminal Appeal No. 53 of 1994,
Decided On : MAY 8, 1996
CRIMINAL APPEAL - SECTION 302/149, 323/149, 324/149, 148 IPC - UNLAWFUL ASSEMBLY - COMMON OBJECT - CAUSING DEATH - CAUSING HURT - EYE-WITNESSES - MOTIVE - RECOVERY OF WEAPONS - MEDICAL EVIDENCE - CORROBORATION - CONVICTION UPHELD.
Fact of the Case:
Accused persons were convicted for causing death of Ram Mehar in furtherance of their common object for forming unlawful assembly being armed with deadly weapons in the field of Ram Mehar; under Sections 324/149, I.P.C. for causing hurt with sharp-pointed weapon on the person of Smt. Sahbo and Hari Kishan and also under Sections 323/149, I.P.C. for causing simple hurts to Smt. Sahbo and Hari Kishan, PWs.
Finding of the Court:
The court found that the prosecution had proved the charges against the accused beyond reasonable doubt. The motive for the crime was established by the evidence of witnesses who testified that the accused had cut filthy jokes with the wife of Hari Kishan, brother of the deceased, two days prior to the incident. The presence of the accused at the scene of the crime was corroborated by the testimony of eyewitnesses. The medical evidence also supported the prosecution's case, as the injuries sustained by the deceased and the injured witnesses were consistent with the weapons used by the accused. The court also found that the recoveries of the weapons of offence were duly proved.
Issues: 1. Whether the prosecution had proved the charges against the accused beyond reasonable doubt? 2. Whether the motive for the crime was established? 3. Whether the presence of the accused at the scene of the crime was corroborated by evidence? 4. Whether the medical evidence supported the prosecution's case? 5. Whether the recoveries of the weapons of offence were duly proved?
Ratio Decidendi: 1. The court held that the prosecution had proved the charges against the accused beyond reasonable doubt based on the evidence of eyewitnesses, the medical evidence, and the recoveries of the weapons of offence. 2. The court found that the motive for the crime was established by the evidence of witnesses who testified that the accused had cut filthy jokes with the wife of Hari Kishan, brother of the deceased, two days prior to the incident. 3. The court held that the presence of the accused at the scene of the crime was corroborated by the testimony of eyewitnesses. 4. The court found that the medical evidence supported the prosecution's case, as the injuries sustained by the deceased and the injured witnesses were consistent with the weapons used by the accused. 5. The court held that the recoveries of the weapons of offence were duly proved.
Final Decision: The court upheld the conviction of the accused under Sections 302/149, 323/149, 324/149, and 148 IPC and dismissed both appeals filed against the judgment and order of the lower court.
HARPHUL SINGH BRAR, J.
1. Rajbir, Sumer, Surinder and Narinder Kumar, sons of Sis Ram and Azad Singh son of Parbhu, all residents of Village Mehmoodpur, Police Station Gohana were committed by the S.D.J.M., Gohana for their trial under Sections 148, 302 and 323 read with Section 149, I.P.C. for having formed an unlawful assembly in the area of Village Mehmoodpur in furtherance of their common object of the said unlawful assembly for having caused murder of Ram Mehar son of Maha Singh and also for having intentionally caused grievous and simple hurts to Smt. Sahbo and Hari Kishan, PWs.
2. After their trial, the learned Additional Sessions Judge, Sonepat convicted all the above said accused under Sections 148 and 302/149, I.P.C. for causing death of Ram Mehar in furtherance of their common object for forming unlawful assembly being armed with deadly weapons in the field of Ram Mehar; under Sections 324/149, I.P.C. for causing hurt with sharp-pointed weapon on the person of Smt. Sahbo and Hari Kishan and also under Sections 323/149, I.P.C. for causing simple hurts to Smt. Sahbo and Hari Kishan, PWs, vide judgment of the learned Additional Sessions Judge, Sonepat dated 11-12-1993. Accordingly, all the five accused were sentenced u/S. 148, I.P.C. to undergo rigorous imprisonment for two years each and were further sentenced under Section 302 read with Section 149, I.P.C. to undergo rigorous imprisonment for life each and to pay a fine of Rs. 2,000/- each. In default of payment of fine, they were further ordered to undergo rigorous imprisonment for two years each. All the five accused were further sentenced under Section 324 read with Section 149, I.P.C. to undergo rigorous imprisonment for one year each and under Section 323 read with Section 149, I.P.C., to undergo rigorous imprisonment for six months each vide the judgment of the learned Additional Sessions Judge, Sonepat dated 14-12-1993.
3. All the convicts have appealed against the judgment of conviction and sentence dated 11-121993 and 14-12-1993 respectively to this Court.
4. The State machinery moved into action on the statement of Inder Singh P.W. 6 which was recorded by Nafe Singh, S.I./S.H.O. on 21-6-1990 at 9.15 a.m. at Fountain Chowk Gohana on the basis of which formal F.I.R. Ex. PA/1 was registered at Police Station Gohana at 9.30 a.m. Inder Singh stated that he was a resident of Village Mehmoodpur and did cultivation. Maha Singh son of Giani Ram, resident of Village Mehmoodpur is his cousin through brotherhood. Inder Singh further stated that a day before the date of occurrence, the wife of Hari Kishan son of Giani Ram had come to the house of Maha Singh of their village and Sumer Singh son of Sis Ram son of Hari Singh resident of the village and Azad Singh son of Prabhu Jat resident of the village had cut an indecent joke at the wife of Hari Kishan. Hari Kishan saw them cutting filthy jokes in the street and had lodged a protest on this account. Hari Kishan and his brother Ram Mehar had reprimanded Azad and Sumer Singh and had scared them away saying, "Do not come here in future. Do not you have women-folk in your houses." On that account, an altercation had ensued among them. Sumer and Azad in a fit of rage, had challenged them saying, "Come out of the house and we will teach you alesson then." He had separated them. On 21-6-1990 at about 6.30 a.m., he had gone to answer the call of nature in the field of Maha Singh situated at a distance of 2 1/2 killas from the village. Phool Singh son of Ram Parshad of the village was also present there. Ram Mehar son of Maha Singh and Sunita daughter of Maha Singh were weeding out grass with Kasola from the sugarcane field. Azad son of Parbhu and Sumer Singh each armed with a Pharsa like Gandasa, Rajbir Singh and Surinder sons of Sis Ram armed with Jaili and Narinder armed with lathi were sitting near the fence on the kacha path near the tubewell. On seeing Ram Mehar in the field, Sumer gave a lalkara saying, "Get ready
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