PRATAP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARTAP Kumar son of Prem Chand, and Madan Mohan Malhotra son of Ram Saran Dass, residents of Jullundur and Ram Nath son of Girdhari Lai resident ol Dhampur (U. P.), were tried for the offence under Section 302 read with Section 34, Indian Penal Code, for causing the death of Harsh Kumari, aged 16 years, on 11-4-1972 at Jultundur. Ram Nath was convicted under Section 326, Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. Partap Kumar was convicted under Sections 324 and 323, Indian Penal Code and sentenced to undergo rigorous imprisonment lor one year and to pay a fine of Rs. 200/-, or, in default, to further undergo rigorous im-prisonbmkit for three months and to two months, respectively. Both of his sentences were ordered to run concurrently, Marian Mohan Malhotra was convicted under Section 6j> 2, Indian Penal Code and sentenced to pay a fine of Rs. 200/-, or, in default, to suffer rigorous imprisonment for three months. Ram Nath filed Criminal Appeal No. 829 of 1973, Madan Mohan Malhotra filed Criminal Appeal No. 619 of 1973 and Partap Kumar filed Criminal Appeal No. 410 of 1973. Since all these appeals arise out of one and the same judgment, the same will be disposed of by this single judgment.

(2.) THE prosecution story, briefly stated, is that Ram Nath was a Sadhu in a temple in Partap Bagh, Jullundur and Madan Mohan Malhotra and Partap Kumar were his disciples. Ram Nath was living in a tent near the temple. Harsh Kumari deceased resident of Ali Mohalla Jullundur City had given up her studies about ten months prior to the occurrence and had become of adament nature. The women folk advised the mother of Harsh Kumari to take her to Ram Nath of Partap Bagh. The mother of Harsh Kumari took her to Ram Nath on 9-4-1972 and her son Inder Pal, P. W. also reached there at about 9. 30 or 9. 45 p. m. Kirtan continued for the whole night and the fire remained smouldering in the tent. In the morning Ram Nath appellant gave some ashes to Harsh Kumari and she with her mother and brother returned to her house. On 10. 4. 1972 Harsh Kumari asked her brother Inder Pal to take her to the same temple. Inder Pal and his iounger brother Surinder Pal took Harsh Kumari to Ram Nath, where the other two appellants were also present. The fire was smouldering there and chimta Exhibit P. 2. was kept in it. Kirtan was going on and it finished at about mid-night. During the Kirtan Harsh Kumari started weeping and Ram Nath questioned her about the cause and also if something was coming before her eyes. She started weeping loudly. On this Ram Nath asked Partap Kumar to get hold of Harsh Kumari by her long hair. Partap Kumar after holding her from her long hair moved her head and gave her slaps and challenged tho evil spirit to come out. Ram Nath handed over the chimta Exhibit P. 2. which was lying Inside the smouldering fire to Partap Kumar and he (Partap Kumar) gave chimta blows to Harsh Kumari on her back with force. Madan Mohan Malhotra caught Harsh Kumari from her hair and threw her down. Then Ram Nath exclaimed as to why the evil spirit was net coming out. He also asked Partap Kumar to strike the right heel of Harsh Kumari with the hot chimta. Partap Kumar struck the hot chimta on her right heel on which she cried out: "i am Narsingh Dass. I am Parkasho. " Partap Kumar held Harsh Kumari horn her long hair and sometimes faced her towards the smouldering fire and sometimes towards the back. Harsh Kumari asked for water. Both Ram Nath and Partap Kumar told that water could be supplied only if the evil spirit which was inside Harsh Kumari, comes out. Rarn Nath then gave 2/3 more chimta blows to Harsh Kumari and also threw chillies in Karchi and administered the smoke of the same in the nostrils of Harsh Kumari. This treatment continued uplo 2,30 A. M. Thereafter Ram Nath appellant asvsd Inder Pal and Surinder Pal to bring a quilt from their house. Inder Pal brought the quilt within 10/15 minutes while Surinder Pal remained at the house, Partap Kumar and Madan Malhotra also left the place. When Inder Pal reached the spot he found Harsh Kumari writhing with pain. Ram Nath asked him and others to get out of the tent, saying that when they would hear a loud weeping, he would call them in. After 10/15 minutes they heard the shrieks of Harsh Kumari and Ram Nath called them inside the tent. At that cime Harsh Kumari was lying in a semi conscious state. At about 6. 30 A. M. Rain Nath asked Ganga Sagar to bring a rickshaw. Ganga Sagar b ought a rickshaw and Ram Natn asked Inder Pal to take Harsh Kumari to bis house. When Inder Pal and Ganga Sagar tried to lift Harsh Kumari, they found her dead, Inder Pal went to his house to inform about the incident. His elder brother Sital Parkash and mother accompanied by him, came to the spot. Inder Pal then went to police post No. 3, Jullundur, and made his statement Exhibit P. C. before Sub-Inspeclov Bachittar Singh. The statement of Inder Pal was sent to the Police station for registration of the case. Sub-Inspector Bachittar Singh came to the spot and prepared the inquest report. The investigation was taken over by Shri Gurdarshan Singh City Inspector who reached the spot at 11 A. M. on 11-4-1972. and arrested the appellants. Partap Kumar got recovered chapti, Exhibit P. 1, after making his disclosure statement and it was taken into possession vide memo Exhibit P. N. Ram Nath got recovered chimta, Exhibit P. 2, by making his disclosure statement.

(3.) POST-MORTEM on the dead-body of Harsh Kumari was conducted by Dr. Chander Malhotra. In the opinion of the doctor death was due to shock caused by multiple burn injuries. The doctor further stated that burn mark injuries could be caused by hot iron chimta and that the other injuries could be caused by a wooden chapti.