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2017 Supreme(P&H) 888
IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice T.P.S. Mann
The Hon’ Ble Mr. Justice H.S. Madaan
CRA-D-198-DB of 2010
Ramu & Ors.
v.
The State of Haryana
{Decided on 11/05/2017}
For the Appellants:Mr.J.S. Bedi, Senior Advocate with Mr. Sunil Sihag, Advocate.
For the Respondent: Mr.Praveen Bhadu, Assistant A.G., Haryana.
For the Appellants:Mr.Sandeep Kotla, Advocate in CRA-D-1006-DB of 2010
For the Respondents No.4, 7, 9, 11 to 14 & 17:Mr.Keshav Pratap Singh, Advocate in CRA-D-1006-DB of 2010.
Headnote:Indian Penal Code 1860, S.302 & S.304 Part I--Murder--Acquittal--Unlawful Assembly--Modification of sentence--Weapons being carried by accused were in form of lathis and iron rods i.e sarias--These are not traditional weapons of attack rather are easily available in villages and being used for various purposes--Rather, it comes out than due to the sudden fight taking place, there was a confused fight in which persons from both sides had suffered injuries, though two persons from the complainant side had suffered serious injuries on vital parts to which they had succumbed but number of injuries on their person is not suggestive of any planned assault--Conviction of such accused person modified from S.302 r/w S.149 is set aside to conviction under S.304 Part I, IPC r/w S.149. (Para 79)
Mr. H.S. Madaan, J. Vide this judgment, we propose to dispose of two appeals i.e. CRA-D-198-DB of 2010 and CRA-D-1006-DB of 2010. CRA-D- 198-DB of 2010 has been filed by eight accused namely Ramu, Thawaria, Dhanvir, Ombir, Bhagwana, Vikram, Imrat and Jagmal, who were tried and convicted by the Court of learned Additional Sessions Judge, Fast Track Court, Gurgaon (now Gurugram) for the offences under Sections 302/325/323 read with Section 149 IPC vide judgment dated 22.1.2010 and vide order of sentence dated 28.1.2010, they were sentenced as follows:
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Offence under Section Sentence Awarded
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Section 302 read with Section 149 IPC. Rigorous imprisonment for life and to pay a fine of Rs.5,000/- each and in default thereof, to further undergo rigorous imprisonment for a period of two years.
Section 325 read with Section 149 IPC. Rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/- each and in default thereof, to further undergo rigorous imprisonment for a period of six months.
Section 323 read with Section 149 IPC. Rigorous imprisonment for a period of one year each.
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2. The substantive sentences were ordered to run concurrently.
3. Whereas CRA-D-1006-DB of 2010 has been filed by Dharambir and Phoolwati – complainants (victims), who are aggrieved by the impugned judgment vide which accused Vijay, Devi @ Devinder, Surender, Zile Singh, Lali wife of Thawaria, Rajesh wife of Ramu, Kiran wife of Imrat and Nirmala daughter of Jagmal were acquitted of the charge framed against them.
4. The appellants – accused – convicts in CRA-D-198-DB of 2010 crave for their acquittal. On the other hand, appellants in CRA-D- 1006-DB of 2010 pray that the acquittal of Vijay, Devi @ Devinder, Surender, Zile Singh, Lali wife of Thawaria, Rajesh wife of Ramu, Kiran wife of Imrat and Nirmala daughter of Jagmal be set aside and they be awarded life imprisonment for their role in the incident and further the accused be burdened with fine of Rs.20 lacs each payable to the appellants/victims under Section 357 Cr.P.C.
5. Briefly narrated, the prosecution story as it unfolded during the trial is that on 26.4.2007, a VT message was received at Police Station Farrukh Nagar from Control Room, Gurgaon regarding admission of Baljeet son of Chandgi Ram, resident of Faridpur in Ram Manohar Lohia Hospital, Delhi after suffering injuries in a fight and a request was made to send some Investigating Office there. As such, ASI Kishan Singh, Police Station Farrukh Nagar accompanied by other police officials reached at Ram Manohar Lohia Hospital, Delhi for recording statement of injured Baljeet, but he was declared unfit by the attending doctor, therefore his statement could not be recorded. However, Nemwati wife of Baljeet, who was present there informed ASI Kishan Singh that other injured in this incident had been admitted in Lord Krishna Hospital, Farrukh Nagar.
6. On 27.4.2007, ASI Kishan Singh along with other police officials went to Lord Krishna Hospital, Farrukh Nagar, where the doctor handed over to him MLRs of injured Baljeet, Phoolwati, Rajender and Dharambir, residents of village Faridpur. After obtaining the opinion of the doctor regarding fitness of the injured, statement of injured- Dharambir Ex.PAA was recorded wherein he stated that he is a labourer by avocation; that a litigation was pending between them and Bhagwana son of Bobdiya, resident of village Faridpur regarding a dispute in Court at Gurgaon; that on 25.4.2007 when they were returning after attending hearing in the said case, then at Railway Station, Pataudi, a quarrel h
