HARMOHINDER KAUR SANDHU, J. - (1.) THIS judgment will also dispose of Criminal Revision No. 234 of 1992, Surja Ram v. Karan Singh and others. Karan Singh, Ram Kala and Subhash were tried for an offence under Section 302 read with Section 34 of the Indian Penal Code for committing the murder of Nathu Ram by Additional Sessions Judge, Hisar. Karan Singh was held guilty for an offence under Section 302 I.P.C. while Subhash for the offence under Section 302/34 I.P.C., but both of them were sentenced for the offence under Section 302/34 I.P.C. to undergo imprisonment for life and to pay a fine of Rs. 200/- each. Ram Kala accused was given benefit of doubt and was acquitted. Aggrieved by this judgment dated September 28, 1991, Karan Singh and Subhash filed the present appeal while Surja Ram complainant preferred criminal revision mentioned above.
(2.) THE prosecution case as set up at trial is as follows : On May 22,1987, Surja Ram complainant PW 7, Ram Sarup PW 8 and Nathu Ram deceased were returning from Fatehabad to Gorakhpur on a tractor which was being driven by Nathu Ram. When they covered a distance of 21/2 kilometers from village Khazuri Jati, they found Karan Singh, Subhash and Ram Kala, all residents of village Gorakhpur, going ahead on a tractor, which was driven by Subhash accused. Nathu Ram wanted to overtake the tractor driven by Subhash and made signal by sounding horn and putting on the lights of the tractor, but Subhash did not make way for him to pass. After covering 7-8 killas ahead from the canal bridge, Nathu Ram overtook the tractor driven by Subhash and while overtaking his tractor he noticed that some medicines and other articles had fallen from his tractor. He stopped the tractor and then Subhash overtook him and abused Nathu Ram and also expressed his annoyance as to why Nathu Ram asked him to make way for him to pass. Ram Sarup pacified the matter. Nathu Ram turned his tractor back to collect the medicines and other articles while Subhash and others left the place giving a threat that they would teach them a lesson. At about 10.00 P.M., after collecting the medicines, when Nathu Ram and others reached near the house of Dalip Singh in village Gorakhpur, they found Subhash and Ram Kala armed with lathis and Karan Singh armed with a Gandasa standing there. Ram Kala gave a Lalkara that enemies had come and thereupon Subhash wielded a lathi which hit the left mud-guard of Nathu Ram's tractor Karan Singh gave a Gandasa blow from behind which hit Nathu Ram on his head, as a result of which head of Nathu Ram hit the steering of the tractor. Ram Sarup took care of Nathu Ram while Surja Ram raised alarm. Surja Ram informed his brother and nephew about the occurrence and Nathu Ram was removed in the truck of Dana Ram to the Government Hospital, Hisar. At about 11.55 P.M. when Nathu Ram was brought to the hospital with head injury, Dr. M.L. Kotchar was on duty in Casualty Ward of the hospital. As condition of Nathu Ram was serious, no medico-legal report was prepared and he was referred to Medical College, Rohtak after he was given first aid. The doctor sent ruqqa Ex. PA to the police post located in the premises of the hospital regarding the arrival of Nathu Ram in an injured condition in the hospital. Nathu Ram succumbed to his injuries on his way to Medical College, Rohtak, near Civil Hospital, Hansi. His dead body was brought back to Civil Hospital, Hisar at 2.20 A.M. and intimation regarding the same was sent to Incharge Police Post, Civil Hospital, Hisar, vide ruqqa Ex. PA/1. A wireless message was sent to Police Station Bhuna for further necessary action.
(3.) ON May 23,1987, at 6.55 A.M., A.S.I. Mehar Singh of Police Station, Bhuma on receipt of a wireless message reached Civil Hospital, Hisar, where he met Surja Ram and recorded statement Ex. PJ on the basis of which formal FIR Ex. PH/1 was recorded by MHC Anand Singh. He held inquest and prepared report Ex. PC.;