Ram Kumar and anr. vs State of Haryana

S.D. Bajaj, J.

Someone broke open the lock of the Bara of Sadhu Ram in village Rajound tehsil Jind of Haryana State on Holiday viz. 15th Match, 1987. Dai Ram and Shiv Kumar two sons of Sadhu Ram living in the village named Ram Kumar son of Punu Brahmin of the village as suspect. Sons of Punu Ram Brahmin named Ram Kumar and Dharma were thus dead set against Dai Ram and his other three brothers named Mai Ram Lakhi Ram and Shiv Kumar on this score.

On 20th March, 1987 around 8 00 P.M. taking their first cousins in Sat Narain, Shiv Kumar and Om Parkash, all the three sons of Harkesh, both sons of Punu Ram named Ram Kumar and Dharma came to the house of Dai Ram son of Sadhu Ram and started abusing him. After coming out from the inside of his house Dai Ram asked them the reason for their doing so. The assailants plainly told him that they had come there to teach him a lesson for naming Ram Kumar as suspect for breaking open the lock of their Bara. At the relevant time Dharma was armed with a gandasi while the remaining four accused carried a lathi each. Ram Kumar gave a lathi blow on the head of Dai Ram and Shiv Kumar gave him a lathi blow on his right arm. Sat Narain also gave a lathi blow on the head of Raksha Devi wife of Dai Ram, who came forward to save her husband. Dharma gave a gandasi blow on the head of Lakhi Ram and Om Parkash gave another lathi blow on his head. Initially the injured were taken to the Primary Health Centre, Rajound. Lakhi was, however, referred to Civil Hospital, Jind, but breathed his last on the way from Primary Health Centre aforesaid to the Civil Hospital Jind.

On being charged with the commission of offence under Section 302 read with Section 34 of the Indian Penal Code accused Dharma and Om Parkash and on being charged with the commission of offences under Sections 148, 302/149 and 323/149 of the Indian Penal Code twice over separately for causing hurt to Dai Ram and Raksha Devi in furtherance of their common object as members of unlawful assembly, all the five accused including Dharma and Om Parkash aforesaid pleaded not guilty thereto and claimed to be tried.

Vide its impugned judgment dated 20th February, 1988 learned trial court convicted accused Dharma and Om Parkash of the commission of Offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life for it. Remaining three accused Ram Kumar, Shiv Kumar and Sat Narain were convicted of the commission of offence under Section 323 read with section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year each. Feeling aggrieved from the impugned judgment dated 20th February, 1988 of the learned trial court all the five convicted accused have jointly filed Criminal Appeal No. 123DB of 1988 in this Court.

We have heard Shri Ashit Malik, Advocate, for the appellants, Shri Ram Avtar Singh, Additional Advocate General, Haryana, for the State, and have carefully gone through the entire evidence on record.

Author of the First Information Report Dai Ram stamped injured witness asserted as P.W. 3 "45 days prior to the occurrence, my lock had been broken. This happened about 6 or 61/2 months back. In connection with that lock breaking, we suspected Ram Kumar accused present in Court. We convened a Panchayat. Ram Kumar accused also attended. He assured the Panchayat that he would take oath and satisfy them that he had not broken the lock. But he failed to perform his undertaking of naimdharam. My lock had been broken on the day of Holi festival. After five days thereafter Sat Narain, Shiv Kumar and Ram Kumar accused present in the court came to our house drunk armed with lathis. They came to my house. They started abusing me filthy abuses. I told them why they were abusing me. Ram Kumar accused gave a lathi blow on my head. When I asked the accused not to abuse me, they told me that I would be given a taste for accusing Ram Kumar of breaking my lock. Shiv Kumar gave me a blow on my right middle arm. My wife Raksha P.W. came to my rescue. She flung he self on me in order to save me when Sat Narain accused gave a lathi blow on her forehead. This happened at about 8.00 P.M. Lakhi Ram deceased came in the meanwhile. Earlier Dharma accused had come almost soon after Sat Narain, Shiv Kumar and Ram Kumar had come. Dharma gave a blow with gandasi on the head of Lakhi Ram. Then Om Parkash gave lathi blow on the head of Lakhi Ram. We raised alarm. Mai Ram and Rajpal came. Mai Ram and Rajpal had come about the time when Lakhi Ram had come. We did nothing to the accused and they ran away. From the Bara we brought jhotabuggi. We were taken to PHC Rajound by our brother Mai Ram. My wife Raksha Devi also accompanied. We were medically examined. Lakhi Ram was referred for further treatment to General Hospital, Jind. We could not arrange any conveyance for Jind. After some time the police jeep came and the same was provided to us for carrying Lakhi Ram to Jind and my two brother Shiv Kumar and Mai Ram started for Jind, alongwith Lakhi Ram. I later learnt that Lakhi Ram died on the way. When my brother Lakhi fell down, I picked up a lathi lying nearby and gave a blow to Ram Kumar accused.

Out and out corroboration of it is forthcoming from the statement of Smt. Raksha Devi P.W. 4, another injured stamped witness of the same occurrence who states, "Lakhi Ram deceased was my dewar (husband''s brother). On the day of Holi festival the lock of the room of our enclosure had been broken. We suspected Ram Kumar for the same. A Panchayat of 57 persons convened and Ram Kumar undertook to state on oath that he had not broken the lock (by naimdharm). He did not, however, fulfil the undertaking of naimdharm. After 45 days, at about 8.00/8.30 P.M. I was at my house. Ram Kumar and the remaining four accused were heard abusing us. My husband Dai Ram came out of the house, I followed him. Ram Kumar, Shiv Kumar and Sat Narain were standing one the side and Dharmpal and Om Parkash were standing with them. They were all armed with lathi. Again said Dharmpal was armed with a gandasi and the remaining four with lathis. My husband asked them why they were abusing him. Ram Kumar gave a lathi blow on the head of my husband. When my husband asked why they were abusing him, they told him that they would give him a taste for making false allegation against them. Shiv Kumar gave a lathi blow on his arm. I tried to shield my husband by putting myself in front of him. Sat Narain gave me a blow on my forehead. We raised alarm of `mar dia mar dia.'' Lakhi Ram immediately came. Dharma gave a gandasi blow on the head of Lakhi Ram. Om Parkash gave Lakhi Ram a lathi blow on the head. Mai Ram and Rajpal came on hearing out alarm and the accused persons ran away with their respective weapons. (On being asked whether her husband had done anything, the witness replied in the negative) Again said that her husband had given an injury to Ram Kumar with a kamri (small stick)."

On account of their being injured in the strife, presence of both the eyewitnesses aforesaid at the place of occurrence cannot be doubted. Independent corroboration of their testimony containing the ocular account of the occurrence is forthcoming from the statement of Dr. A. K. Gupta P.W. I who claims to have medicolegally examined all the four injured and asserts that in the interest of life of Lakhi Ram injured (now deceased) he referred him to Civil Hospital, Jind, at 1.00 P.M. on 20th March, 1987. The witness claims to have found the following injuries on the persons of the four injured examined by him :

"Injuries on the person of Lakhi Ram :

An incised wound with clean cut margins longitudinally placed 2"x 1/4" x bone deep on the left parietal region of scalp. The wound was freshly bleeding. There was soft haematoma on the outer side of wound. Bleeding was profuse. The anterior end of the wound was 5" from left eyebrow 51/4" above the left ear and 1/2" from mid line. Clotted blood was present on the wound. Xray was advised.

Red contusion 1"xl/2" with haematoma formation on the right parietal region of scalp above the right ear. Size of haematoma was 3" x 21/2". Xray was advised.

Injuries on the person of Dai Ram :

A lacerated wound 11/2 inch. x 1/6 inch. bone deep obliquely placed on right parietal region of scalp 5", from right eyebrow 5 inch from right ear and 1/4 inch from the mid line. Wound was freshly bleeding. Soft clotted blood was present at wound site. Xray was advised.

A reddish contusion with size 3 inch. x 1/2 inch obliquely placed on the back of right forearm just above its middle along with achymoses. Tenderness was present while examination. Movements of pronation and supinator were restricted and painful. Patient complained of pain in right forearm. Xray was advised.

Injury on the person of Raksha Devi :

There was a lacerated wound with size 1.5 cm. x 0.5 cm. skin deep on the forehead 21/2 cm. from eye brow and 11/2 cm. to the right of mid line freshly bleeding.

Injuries on the person of Ram Kumar :

There was lacerated wound with size 2 inch. x 1/6 inch x bone deep obliquely placed on the rightparietal region of scalp 41/4 inch above right eyebrow. The wound was 3 inch above the right ear and 11/2 inch from the mid line. Bleeding was present on cleaning the wound. Clotted blood was present near wound site and Xray was advised.

There was a superficial lacerated wound 11/2 cm. x 1/3 cm. x skin deep where (with) blood stained discharge. On the posterior medial aspect of left little finger, on the distal i.p. joint extending upto level of base of nail. Clotted blood was present.

There was a reddish blue contusion 4 inch x 3/4 inch with achymoses on the front lateral aspect of left wrist joint extending downwards and outwards upto base of left thumb. At the terminal end of bruise, there were two small abrasions of size 1/2 cm. with bloodstain discharge. Movements at wrist and m.p. joint of left thumb were painful and restricted. Tenderness was present and Xray was advised."

Dr. R. K. Jindal, Medical Officer, Referral Hospital, Kurukshetra P.W. 2, who conducted postmortem examination on the dead body of Lakhi Ram deceased states:

"On 21.3.1987 when I was posted as Medical Officer, General Hospital, Jind, at 1.00 p.m. I conducted postmortem examination on the dead body of Lakhi Ram son of Sadhu Ram, aged 27 years male, resident of Rajound.

Injuries :

6 cm. x long stitched and dressed wound on the left parietal region of scalp 6 cm. from anterior hair line and I cm. from mid line.

10 x 8 cm reddish blue contusion on the right temporoparietal region placed anterior, superior and posterior to right ear.

9 x 6 cm. reddish, blue contusion on the right side of forehead on the eyebrow upper eyelid of right side extending on to the forehead. It was surmounted by an abrasion I cm. x 0.5 cm. covered with a scab.

On dissection of injuries No. 1 and 2 : There was presence of clotted blood underneath the skin. On cleaning the blood clots, there was seen comminuted fracture of left parietal bone extending on right parietal bone and mastoid process of right side. On left side the fracture was extending to left temporal. bone. Corresponding to fracture line, the margins and. brain was lacerated Clotted blood was present.

Dissection of injury No. 3 there was extravacation of blood into the soft tissue underneath.

Injury No. 4. There was a contusion 2.5 x 1.5 cm. on the left leg 12 cm. below the knee joint. On dissection, extravasation of blood in soft tissues was seen. Rest all the organs were healthy. The course of death in my opinion was injury to vital organ like brain, shock and haemorrhage. The injuries were antemortem in nature and were sufficient so. cause death in the ordinary course of nature. Injury Nos. 1 and 2 having resulted in fracture of the underlying bones and injury to the brain, were individually sufficient in the ordinary course of nature to cause death."

As per reports Exhibit PCC and Exhibit PCC/1 submitted by the Senior Scientific Officer (Biology)cumexOfficio Assistant Chemical Examiner to Government, Haryana, `gandasi'' used as weapon of offence by Dharma accused was bloodstained and the lathis wielded by the remaining accused had stains of human blood thereon. Even the earth collected by the police from the place of occurrence was stained with human blood. In result the place of occurrence gets fixed. Injuries detected by Dr. A K. Gupta, P.W. I on the persons of two injured eyewitnesses in Dai Ram P.W. 3 and Raksh Rani P.W. 4 also lend credence to their version of the occurrence and substantiate their assertion of their being eyewitnesses to the occurrence. Even otherwise also on account of their close relationship with the deceased, in terms of Supreme Court observations in Dalip Singh v. The State of Punjab, AIR 1953 SC 394 their version of the occurrence is rendered as truthful on which conviction of accused appellants could reasonably be based by the learned trial court. The relevant observations read :

"Ordinarily a close relative would be the last person to screen the real culprit and falsely implicate an innocent person and hence the mere fact of relationship far from being the foundation for criticism of the evidence is often a sure guarantee of truth."

Finding of `guilty'' returned against the accused appellants by the learned trial court is, therefore, affirmed. Sentence awarded to them for their conviction is also reasonable and we see no ground to interfere with it in the present appeal.

In result Criminal Appeal No. 123DB of 1988 fails and is accordingly dismissed.