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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Mehru Ram – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
1. Appellants Mehru Ram, Pyare Lal alias Dhola, Siri Chand and Rajinder Singh alias Raja assail judgment dated 09.11.2004 passed by Additional Sessions Judge, Sirsa and vide order dated 11.11.2004 they have been held guilty and sentenced as under:-
2. The matter arises out of FIR No. 144 dated 27.7.2002, Police Station Sadar, Dabwali, under Section 302 read with Section 34 of Indian Penal Code (Ex.PJ/2) lodged at the instance of Kalu Ram's statement (Ex.PJ) wherein it is alleged that he is a labourer by profession and that on 26.7.2002, at about 9.30 pm, when he along with his son Bansi Lal was returning home from the house of Rajinder son of Hari Ram, then they were waylaid in front of Siri Chand's house by Mehru Ram, Siri Chand, Pyare Lal alias Dhola and Rajinder Singh @ Raja, who all came out from the house of Siri Chand. Complainant alleged that Mehru Ram raised a lalkara exhorting his companions to kill the enemy pursuant to which Pyare Lal alias Dhola who was carrying a 'lathi' (stick), Siri Chand and Rajinder Singh alias Raja caught hold of Bansi Lal. Pyare Lal alias Dhola gave a blow with ' lathi' on head of Bansi Lal and resultantly blood s
The court modified the conviction from murder under Section 302 IPC to manslaughter under Section 304 Part II IPC, emphasizing lack of premeditation and specific intent due to sudden provocation.
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under Section 304 Part II IPC, based on the circumstances and intentio....
The court established that the nature of injuries and intent are crucial in determining the appropriate charge under IPC, emphasizing the need for substantial evidence linking actions to the cause of....
The court established that the accused had the intention or knowledge that the injuries inflicted on the victim were imminently dangerous and likely to cause death, rejecting the defense's argument t....
Conviction cannot stand when significant doubts arise due to contradictory testimonies and acquittal of co-accused on similar evidence, emphasizing the principle of parity in criminal proceedings.
Murder - Conviction - Appellatn murdered deceased with a deadly weapon i.e. countrymade pistol, which was his individual act and he is responsible for the same, hence, he is convicted for the offence....
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