RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) WE have two appeal viz. Criminal Appeal No. 365-DB of 1993 (Ram Kumar and others v. State of Haryana) and Criminal Appeal No. 103-DBA of 1994 (Om Parkash S/o Mauji Ram v. Ram Chander and others. A few facts relevant for the decision of these two cases may be briefly noticed.

(2.) PRITHI Singh and Chandgi Ram were brothers. Prithi Singh had a son by the name of Lattu. He in turn had four sons including Mahabir (PW5), Ram Chander (PW6) and Baljit (PW7). They are the complaint party in Criminal Appeal No. 365-DB of 1993 and the accused respondents in the second case. On the other hand Chandgi Ram has two sons - Mauji Ram and Paras Ram. Mauji Ram has three sons viz. Ram Kumar, Om Parkash and Bale Ram. Bale Ram has a son by the name of Bijender. The three sons of Mauji Ram (Ram Kumar etc.) are the appellants in Criminal Appeal No. 365-DB of 1993. Bijender son of Bale Ram was also involved in the case. He was, however, tried by the Juvenile Court and was acquitted. Paras Ram has a son by the name of Ram Phal. Detailed reference to Ram Phal shall be made at the appropriate stage.

(3.) IT is alleged that on July 16, 1989, Mahabir (PW5), Baljit (PW7) and Ram Chander (PW6) alongwith their father Lattu were present in their field when the three appellants viz. Ram Kumar, Om Parkash and Bale Ram alongwith Bijender attempted to forcibly cultivate the land in dispute. Lattu and his sons objected. The accused-appellants assaulted Lattu etc. and caused injuries. Mahabir and Baljit who were armed with lathis tried to defend themselves and caused injuries to the three appellants. Ultimately, the four injured persons viz. Lattu and his three sons were taken to the Community Health Centre, Kalanaur. The Doctor Incharge informed the police. A.S.I. Partap Singh alongwith other police officials went to the Health Centre. He recorded the statement of the complainant-Mahabir. This statements is Ex.PM. On the basis of this statement, Daily Diary Report No. 19 was recorded at Police Station Kalanaur. On July 17, 1989, Lattu who had been referred to the Medical College and Hospital, Rohtak, died. Thereupon, F.I.R. Ex.PM was recorded at 10.30 p.m. by A.S.I. Partap Singh.