ASHOK KUMAR Vs. STATE
LAWS(DLH)-1995-9-69
HIGH COURT OF DELHI
Decided on September 15,1995

ASHOK KUMAR,RAM KISHAN Appellant
VERSUS
STATE OF DELHI Respondents


Referred Judgements :-

DHARAM DAS V. STATE OF U.P. [REFERRED TO]
STATE OF U.P. V. M.K. ANTHONY [REFERRED TO]
MAGHAR SINGH V. STATE OF PUNJAB [REFERRED TO]
PARAS NATH SINGH V. STATE OF BIHAR [REFERRED TO]
JIT SINGH V. STATE [REFERRED TO]
SARWAN SINGH RATTAN SINGH HARBANS SINGH BHAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
BHAGWAN TANA PATIL VS. STATE OF MAHARASHTRA [REFERRED TO]
BAHAL SINGH VS. STATE OF HARYANA [REFERRED TO]
LAKSHMI SINGH VS. STATE OF BIHAR [REFERRED TO]
JAGDISH VS. STATE OF RAJASTHAN [REFERRED TO]
DUDH NATH PANDEY VS. STATE OF UTTAR PRADESH [REFERRED TO]
MAYUR PANABHAI SHAH VS. STATE OF GUJARAT [REFERRED TO]
SERIYAL UDAYAR VS. STATE OF TAMIL NADU [REFERRED TO]


JUDGEMENT

J.B.GOEL - (1.)AshokKumar and Swamp Singh appellants in Cr.A.151/90 along with Ram Kishan, Raghubir, DayaNand, Randhir Singh and Jagan, appellants in Cr.A. 170/90 were charged and tried for offences under Section 148 Indian Penal Code, 302 read with Section 34 Indian Penal Code and 323 Indian Penal Code read with Section 34 Indian Penal Code and appellants Raghbir. Sarup Singh, and Ashok Kumar were also separetaly charged for offence under Section 308 Indian Penal Code read with Section 34 Indian Penal Code for an occurrence of 16.1.83 at village Kakrola in which Zile Singh s/o Bhartu and Sardar Singh s/o pokar had been killed: and Ram Rati, Sundra, Narsingh and Jaikaran had received injuries. Additional Sessions Judge, Delhi vide judgment dated 27.10.90 had found all the aforesaid accused persons quilty, as charged and sentenced all the accused persons for imprisonment for life with a fine of Rs.2,000.00 and in default of fine, rigorous imprisonment for one year under Section 302/34 Indian Penal Code; to rigorous imprisonment of one year under Section 148 Indian Penal Code and to rigorous imprisonment for 6 months for offence under Section 323/34 Indian Penal Code and accused Raghubir Singh, Swarup Singh and Ashok Kumar were also awarded a sentence of rigorous imprisonment for 2 years each for offence under Section 308/ 34 Indian Penal Code. The sentences were to run concurrently. Being aggrieved, the accused have come in appeal.
(2.)The prosecution was launched on the basis of complaint (Ex. Public Witness-2/A) lodged by Smt.Ram Rati (Public Witness-2) wife of deceased Sardar Singh, while she was admitted in R.M.L. hospital, to ASI Shiv Charan of PS Najafgarh. Earlier DD No.9A had been recorded-at the said police station at 9 A.M. on 16.1.83 on the basis of information given by one Jai Prakash s/o Sh. Gashi Ram r/o village Bahadur garh stating that he had come to see his sister at village Kakrola and that a quarrel was going on between the two parties and that some officer may be deputed there. A copy of this DD entry was entrusted to said A.S.I, who visited the said village along with 2 constables in a police jeep and there came to know that the injured persons had been removed to hospital. No eye-witness met him and he then reached R.M.L. Hospital and obtained MLCs of Sardar Singh. Zile Singh. Ram Rati and Sundera. Zile Singh had already been declared dead. Sardar Singh was unfit to make. statement. Ram Rati and Sundera were declared fit to make statement and he recorded the statement Public Witness-2/A of Smt.Ram Rati. '
(3.)In her statement, she had stated that she along with her family was residing in village Kakrola and families of Mir Singh.Sawalia and Surte were also living in their neighbourhood in this village. Her family had a gitwar with brick walls constructed several years ago, with hedges planted around it. Yesterday her husband Sardar Singh left the house for going to meet his Bua(father's sister) in village Mandothi but after sometime, he came back and told her that when he was near his gitwar. he saw that Bharpai and Nimi, daughters of Sawalia were removing the hedges of their gitwar to take their buffaloes through their gitwar. On objection being raised by him, both the said girls grappled with him and Sawalia and Jagan gave lathi blows on his hands, when her father-in-law Zile Singh came to know about this incident, he gave abuses to Jagan. Sawalia, Ram Kishan and Randhir etc. In the evening, however, i relations of Sawalia came to them and the matter was compromised and so no report was lodged with the police. Today (i.e. 16.1.83) at about 8 A.M. Zile Singh was going out to ease herself, she with her husband Sardar Singh was present outside their house near electric pole and watching their buffaloes, when they saw that Jagan s/ o Sawalia. Ram Kishan and Randhir sons of Mir Singh came running out of their house armed with lathis in front of their poli in the gali, Ram Kishan and Randhir caught hold of both hands of Zile Singh and Jagan gave lathi blow from behind on his head as a result of which he fell down and while he was lying on the ground, they also gave several lathi thrusts. She and her husband raised alarm and went running to rescue him and when her husband tried to pick up Zile Singh, Daya Nand and Raghbir, sons of Mir Singh came armed with lathis and gave lathi blows to her and to her husband. Ram Kishan also gave lathi blows on the head of her husband and Daya Nand gave lathi blows on her head. Randhir and Raghubir also gave lathi blows to them. Her sister Sundera. her brother-in-law Jai Karan and her Uncle-in-law Narsingh had come there to rescue them when Samp Singh, nephew of Surat Singh and a son-in-law of Sawalia whose name she did not know but could recognise him by face came armed with lathis and gave beatings and then Jagan and his four brothers Ram Kishan. Randhir. Daya Nand and Raghubir thrashed them severely with their lathis. Their relation Dharmvir who had visited them in the morning brought a car from Najafgarh and he removed Zile Singh. Sardar Singh. Ram Rati & Sundera. the injured persons to R.M.L. hospital in that car. Zile Singh had died on the way to hospital while Sardar Singh was in serious condition. (Jai Karan and Narsingh who had also sustained injuries had been separately admitted in Hindu Rao hospital).
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