LEELA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave is directed against an order of acquittal passed by the Punjab and Haryana High Court at Chandigarh, reversing the order of conviction and sentence of life imprisonment passed by the learned Sessions Judge under S. 302, IPC and Section 27 of the Arms Act.

(2.) The occurrence dated back to 16th July, 1983 at about 12.00 noon in a village called Alipur Barota. The prosecution case as made out, depicts that the accused wanted to dig a khal forcibly through the field of one Maman Ram, which was objcted to and the local Sarpanch was also informed accordingly. At a meeting, called by the Sarpanch, it was decided that the matter ought to be resolved amicably and by reason therefor the Panchayat consisting of Kurra Ram (PW 2), Leela (PW 1), Ram Kumar Panch and Bhim Sen (PW 4) along with deceased Maman Ram and a few other persons proceeded towards the field of the accused. The Maman Ram, the deceased was few paces ahead of the other members. When however the deceased Maman Ram, was near the field of Kundan Singh, the accused came out of the field with a double barrel gun and on seeing Maman Ram, raised a Lalkara to the effect "pani na dene ka maza chakhata hun". The accused thereafter fired a short from his gun, striking on the chest of the deceased Maman Ram. The other members of the group on hearing the gun shot, stopped there and immediately thereafter the second shot was fired by the accused and who then left the place running with his gun towards village Aharwan. The Sarpanch arrived there a little later and he and Kurra Ram remained at the place whereas Leela Ram (son of the deceased) went to the Police Station, Fatehabad and gave the first information statement being recorded as Exh. PA before the trial Court. Upon compliance with the formalities, Sub-Inspector Devi Dutt along with Leela Ram went to the place of occurrence and prepared the inquest report (Ex. PG) and despatched the dead body to Civil Hospital, Fatehbad for post-mortem examination Blood-stained earth and two empty cartridges were also taken into custody. All these recoveries were effected in the pre-sence of Kurra Ram and Bhim Sen.

(3.) The post-mortem examination on the body of Maman Ram was conducted by Dr. A. S. Chaudhry (PW 3) at Fatehabad on 16th July, 1983 at 6.00 p.m. and he had found the following ante-mortem injuries on the body :