MEHTAB S.GILL,J - (1.) THIS appeal has been brought against the judgment of conviction dated 10th of June, 1997 and order of sentence dated 13th of June, 1997 passed by the Sessions Judge, Sonepat, against Ram Dhari son of Chhatru, aged 54 years, Suresh son of Zulfi, aged 32 years, Ram Kumar son of Chhatru, aged 49 years and Raju son of Ram Narain, aged 26 years. The said appellants were convicted under Section 302 read with Section 149 IPC to undergo life imprisonment and a fine of Rs. 5,000/- and in default, RI for two years, and under Section 148 IPC to undergo RI for a period of one year each. Zulfi was another accused in the case who expired during the pendency of the trial on 23rd of September, 1995.
(2.) THE prosecution case is that Dr. Labh Singh (PW-3) sent ruqa (Ex.PC/2) on 5th of February, 1993 to Police Post, General Hospital, Sonepat with regard to admittance of Satbir son of Surja (complainant, PW-S) at 10.20 PM. On the said ruqa, statement of Surja son of Bakson was recorded as Ex. PH by ASI Ram Avtar (PW-12) on the doctor declaring Satbir unable to give his statement. The writing was sent to the police station for registration of the case under offences under Sections 308/506 IPC at 3.15 AM on 6th of February, 1993. Resultantly, FIR bearing No. 35 was registered in Police Station, Sadar Sonepat at 6.30 AM. The report was received by the ACJM on 8th of February, 1993 at 11.50 AM. The FIR case is that while the complainant (Surja, PW-5, labourer) was standing with his nephew Sahab Singh in the street near the house of Ran Singh son of Lehri, Ram Dhari son of Chhatru was also standing with them. At about 8.30 PM, they (Surja, PW-5 and Sahab Singh, PW6) asked Ram Dhari that Raju son of Ram Narain who was staying with him (Ram Dhari) was a quarrelsome person and, therefore, he should be sent home as he had quarrelled with Balwan @ Ballu son of Sahab Singh of the village earlier. In the meantime, Satbir came there and Ram Dhari abused them. He (Ram Dhari) warned them of dire consequences and defied them by saying that he would not send Raju back to his home. On this, there was an exchange of abuses between Satbir (son of Surja, PW-5) and Ram Dhari. Zulfi son of Chhatru, Suresh son of Zulfi and Ram Kumar son of Chhatru approached the complainant party armed with Lathies and said that they were going to teach Satbir a lesson for abusing. It is the specific case of the complainant that thereupon Zulfi gave a Lathi blow on the person of Satbir and Satbir fell down. In order to save Satbir, Sahab Singh, PW-6 gave a Lathi blow to Zulfi and Suresh. Zulfi and others left Satbir, and while going they said "today you have been saved, in future we would kill you as and when we get an opportunity". On hearing the noise, many people from the mohalla came there, Surja, PW-5 and Sahab Singh, PW-6 took Satbir in a four wheeler to the hospital where Satbir was given medical aid. It has further been mentioned in the FIR that blood was oozing out from the head, nose and left ear of Satbir. The FIR has been exhibited as Ex.PH/1.
(3.) THE investigation was set in motion. Satbir was referred to Medical College and Hospital, Rohtak where he expired on 9th of February, 1993. Accused were challaned under Sections 304/506/34 IPC. Court however charged the accused under Section 302 IPC for committing the murder by intentionally causing death of Satbir against Raju, Ram Dhari, Zulfi, Suresh and Ram Kumar.;