In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 28.01.2025 Mehru Ram and others … Appellants Versus State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Kanisth Ganeriwala, Advocate as Amicus Curiae for the appellants.

Mr. Pawan Girdhar, Additional Advocate General, Haryana.

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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:-

Accused name Section Sentence Pyare Lal alias Dhola 302 IPC To undergo life imprisonment and to pay a fine of Rs.5000/-. In default of payment of fine he will further undergo rigorous imprisonment for two years • Mehru Ram 302 read with To undergo life imprisonment Section 34 IPC and to pay a fine of Rs.5000/-

• Siri Chand each. In default of payment • Rajinder alias Raja of fine they will further undergo rigorous imprisonment for two years

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 started oozing out and he fell down. The complainant being scared ran from the spot and when he returned back with his wife and daughter Santosh, Bansi Lal was seen lying in a pool of blood. They lifted him and took him to their house where they kept him for the night and on the next day at about 10:00 am he was taken to Civil Hospital, Chautala from where he was referred to Civil Hospital, Dabwali where he succumbed to his injury. The complainant alleged that there was some previous enmity between him and his brothers Mehru Ram and Siri Chand since long and on account of which Bansi Lal had been killed.

3. Pursuant to lodging of FIR (Ex.PJ/2) the police got the post mortem examination conducted on the dead body and also visited the place of occurrence where rough site plan of the place of occurrence was prepared. A blood stained ‘parna’ (piece of cloth) was recovered from the place of occurrence which was taken into possession vide recovery memo Ex.PL. Statement of witnesses were recorded in terms of Section 161 Cr.P.C. Accused Mehru Ram was arrested on 28.7.2002, accused Pyare Lal alias Dhola was arrested on 01.8.2002 and accused Siri Chand and Rajinder Singh alias Raja were arrested on 05.08.2002. Upon completion of investigation a challan was presented against the accused in the Court of learned Sub Divisional Judicial Magistrate, Dabwali on 18.09.2002, who committed the case to the Court of Sessions vide order dated 10.10.2002. Charges were framed against the accused for offence punishable under Sections 302 read with Section 34 of IPC by learned Additional Sessions Judge, Sirsa on 13.11.2002 to which accused pleaded not guilty and claimed trial.

4. The prosecution in order to substantiate its case examined as many as

11 PWs, the gist of whose testimonies is being briefly referred to herein under:-

PW-1-HC Jaibir Singh stated that on 27.7.2002 while he was posted at Police Station Sadar, Dabwali, he received a ruqa Ex.PA (intimation)