S.S.DEWAN, J. - (1.) BIDDA alias Paramjit and Prabh Dayal appellants alongwith three other accused namely, Amarjit Singh, Gobind Ram and Ram Dial were brought to trial before the Court of Session at Patiala. On the charge of murder. The learned Additional Sessions Judge, Patiala, acquitted the aforesaid three accused of the charge of murder. Bidda and Prabh Dayal appellants stand convicted under Section 302 read with Section 34, Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 2,000/- or in default to undergo further rigorous imprisonment for six months each. They appeal.
(2.) HARBHAGWAN was working as a servant with Shankar Dass PW, who is the father of Jeet Ram deceased. Shankar Dass's brother Roshan Lal got Jeet Ram engaged to Bhagwanti grand daughter of Lal Chand. Bhagwanti developed illicit intimacy with Prabh Dayal accused. Jeet Ram somehow came to know of illicit intimacy with Prabh Dayal accused. Jeet Ram told Shankar Dass about the illicit intimacy of Bhagwanti and also told him that he would not marry Bhagwanti. Shankar Dass complained to Bhagwanti's maternal uncle Jai Ram. The betrothal subsisted for some time and then it was broken. Thereafter, Bhagwanti was married to Prabh Dayal accused. The prosecution case is that on 21-5-1986 at about 3.00 p.m., Harbhagwan PW and Jeet Ram deceased went to see Karam Chand grandfather of Jeet Ram at Shutrana. At about 6.00 P.M. Jeet Ram and Harbhagwan were returning after seeing Karam Chand and when they came in front of the shop of Prabh Dayal accused, the latter on seeing feet Ram cut some filthy jokes with Jeet Ram, which led to exchange of abuses between them. Sabhna Ram, a member panchayat came there, intervened and separated them. Thereafter, Jeet Ram and Harbhagwan went to the house of feet Ram's uncle Roshan Lal. After seeing, Roshan Lal, Jeet Ram and Harbhagwan set out for going to the dera of Jeet Ram/Shankar Dass at about 8.00 P.M. At about 9.30 P.M. when Harbhagwan, and feet Ram reached the dera of Prabh Dayal accused, Gobind Ram and Ram Dial accused raised raula. Catch hold Jeet Ram, he has come. Ram Dial and Gobind Ram were sitting near the passage towards the side of dera of Prabh Dayal. At that time, Bidda, Amarjit Singh, and Prabh Dial were sitting in the wheat crop of Teja Singh. Harbhagwan jumped down from the carrier of the cycle and Jeet Ram threw away that cycle and started running towards his dera. All the aforesaid accused variously armed started chasing Jeet Ram. Harbhagwan who was following the accused, implored them not to kill him. On hearing the alarm raised by Jeet Ram deceased, Shankar Dass, Narain Dass and Avtar Singh were attracted to the spot. Bidda accused opened the attack by giving a Kasaula blow on the head of feet Ram followed by Amarjit Singh accused who gave a dang blow on his left leg. When Jeet Ram fell down, Gobind Ram and Ram Dial accused gave some kick blows on his chest. When Jeet Ram tried to get up, Prabh Dayal gave a gandasa blow from its reverse side on his head.Thereafter all the accused ran away from the spot with their respective weapons towards the fields. After some time, the residents of village Shutrana came to know about this occurrence. Roshan Lal, Ram Krishan and Harbans Lal advised Shankar Dass PW to take Jeet Ram injured to the Police Post, Shutrana.
(3.) IT is alleged that the Investigating Officer sent up Bidda, Prabh Dayal and Amarjit Singh accused for security proceedings under Sections 107/151, Criminal Procedure Code but they were released on bail The Investigating Officer also wanted Shankar Dass etc to be sent up for security proceedings and he had been visiting the dera of Shankar Dass in his absence. Shankar Dass learnt about the inaction or the police in the matter and he sent registered letters and telegrams to various high officers; Shankar Dass then moved an application in the Court about the inaction of the police in the matter.;