A.N.JINDAL,J - (1.) RAM Samujh and his sons Jai Chand, Ram Chand and Siri Niwas were tried for the offences under Section 302/323 read with Section 34 for committing murder of Mukesh and causing injuries to Sunder, Rajesh and Manbir Singh on 3.10.1992 at about 7.30 p.m. in the area of NIT Faridabad. Consequently, learned Additional Sessions Judge (I), Faridabad, vide its judgment dated 7.8.1997 convicted the accused-appellant Jai Chand (hereinafter referred to as 'the accused') under Section 302/323 IPC and sentenced him as under :- U/s. 302 IPC To undergo imprisonment for life and to pay fine of Rs. 2,000/-. In default of payment of fine to further undergo rigorous imprisonment for six months. U/s. 323 IPC To undergo rigorous imprisonment for six months.
(2.) WHEREAS , the remaining accused were convicted under Section 323 IPC and were released on probation. The accused-Jai Chand, Ram Samujh, Ram Singh and Siri Niwas and also the complainant party are waste paper dealers (Kabari). The factual scenario of the case, as depicted during trial, is that about 10 days prior to the date of occurrence i.e. 3.10.1992, there was some altercation between Sunder Singh and Jai Chand over the purchase of the waste paper. Manbir Singh father of Sunder Singh while taking it lightly ignored the incident but made Jai Chand to realise that Sunder Singh was not at fault. However, the accused nursed a grudge against Sunder Singh, Jai Chand and Manbir Singh.
(3.) ON 3.10.1992, at about 7.30 p.m., when Manbir Singh was on his way to his house and reached near the house of the accused Ram Samujh, then they (accused persons) waylaid him and started beating him. One Rajbir (PW-9), who had witnessed the occurrence, informed Sunder Singh about the incident. Sunder Singh, Rajbir, Rajesh and Mukesh arrived at the spot and interrupted to prevent the accused beating Manbir Singh. Then the accused persons after leaving Manbir Singh pounced upon Sunder etc. Ram Chand inflicted iron rod blow on Sunder Singh, Ram Chand and Siri Niwas caught hold of Mukesh and accused Jai Chand inflicted hammer blow on the head of Mukesh. Resultantly, Mukesh fell down. The accused also gave fist blows to Rajesh. The hue and cry raised by the injured attracted his family members Ami Chand and Paramjit. Thereafter all the accused ran away from the spot. Mukesh was shifted by his father Duli Chand to B.K. Hospital, Faridabad, where he was declared dead by the doctors at 8.30 p.m.;