{"id":189520,"date":"2008-10-04T00:00:00","date_gmt":"2008-10-03T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/ram-dev-vs-state-of-haryana-on-4-october-2008"},"modified":"2017-01-24T21:19:03","modified_gmt":"2017-01-24T15:49:03","slug":"ram-dev-vs-state-of-haryana-on-4-october-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/ram-dev-vs-state-of-haryana-on-4-october-2008","title":{"rendered":"Ram Dev vs State Of Haryana on 4 October, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Ram Dev vs State Of Haryana on 4 October, 2008<\/div>\n<pre>Criminal Appeal No.578 DB of 1998                        1\n\n\n      In the High Court of Punjab and Haryana at Chandigarh\n\n\n                           Criminal Appeal No.578 DB of 1998\n                           Date of decision: 4.10.2008\n\n\nRam Dev\n\n                                                 ......Appellant\n\n\n                       Versus\n\n\n\nState of Haryana\n\n                                                .......Respondent\n\n\n\nCORAM: HON'BLE MR.JUSTICE JASBIR SINGH\n\n           HON'BLE MRS. JUSTICE SABINA\n\n\nPresent:   Mr.K.K.Aggarwal, Sr. Advocate with\n           Mr.R.K.Agnihotri, Advocate,\n           for the appellants.\n\n           Mr.S.S.Randhawa, Addl. A.G.Haryana.\n\n                ****\n\n\nJUDGMENT\n<\/pre>\n<p>SABINA, J.\n<\/p>\n<p>           This judgment would dispose of Criminal Appeals No.<\/p>\n<p>578-DB of 1998 and 36-DB of 1999 as both have arisen out of<\/p>\n<p>judgment dated 5.12.1998 passed by Additional Sessions Judge -I,<\/p>\n<p>Narnaul, whereby appellants were convicted and sentenced under<\/p>\n<p>Sections 148, 302, 325, 323\/149 and 452 IPC.\n<\/p>\n<p><span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                        2<\/span><\/p>\n<p>           Prosecution story in brief as noticed by the trial Court in<\/p>\n<p>para Nos. 1 and 2 of its judgment reads as under:-<\/p>\n<blockquote><p>           &#8220;Briefly stated the case of the prosecution as emerging<\/p>\n<p>           out from the report under Section 173 Cr.P.C. are that Lal<\/p>\n<p>           Chand (since deceased) son of Pehlad was the husband<\/p>\n<p>           of complainant Smt.Kanta. On 15.6.1997 at about 6.30<\/p>\n<p>           p.m. Lal Chand (since deceased), complainant Smt.<\/p>\n<p>           Kanta and their children were present at their house<\/p>\n<p>           situated in village Bihali. One Dholi Daughter of Jani Ram<\/p>\n<p>           and accused Papori @ Brahma were quarrelling with<\/p>\n<p>           each other.    In the meantime, Subhash who is the<\/p>\n<p>           husband of accused Papori @ Brahma came there and<\/p>\n<p>           started beating Dholi. Lal Chand intervened. Sub hash<\/p>\n<p>           and Papori @ Brahma left that place while abusing Lal<\/p>\n<p>           Chand. After some time accused Ramesh, Gugan each<\/p>\n<p>           armed with axe (Kulhari), Vikram, Naresh, Ramdev,<\/p>\n<p>           Bimla, Papori @ Brahma, Kamla, Suman wife of Naresh,<\/p>\n<p>           Santra, Suman daughter of Gugan, Fateh Singh each<\/p>\n<p>           armed with lathis and accused Subhash armed with Gulel<\/p>\n<p>           (a wooden danda having two horns fitted with rubber<\/p>\n<p>           strap to be used for throwing a stone) entered in the<\/p>\n<p>           house of complainant Smt.Kanta and deceased Lal<\/p>\n<p>           Chand, in furtherance of their common intention to cause<\/p>\n<p>           injuries to Lal Chand. Accused Ramesh opened attack<\/p>\n<p>           and caused a blow from sharp side of the axe on the<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                     3<\/span><\/p>\n<p>          forehead of Lal Chand. Accused Gugan caused an axe<\/p>\n<p>          blow on the nose of Lal Chand, consequently, his nose<\/p>\n<p>          was chopped of.    Lal Chand fell down on the ground.<\/p>\n<p>          Accused Vikram and Naresh caused lathi blows to him.<\/p>\n<p>          In the meantime, Mukhtiar the brother of Lal Chand came<\/p>\n<p>          there.   Mukhtiar, Ram Kishan, Dholia, Sonu and the<\/p>\n<p>          complainant tried to rescue Lal Chand from the clutches<\/p>\n<p>          of the accused persons. Accused Ramdev and Vikram<\/p>\n<p>          caused lathi blows on the thigh, waist and right hand of<\/p>\n<p>          the complainant. Accused Subhash caused a blow with<\/p>\n<p>          Gulel on the forehead of the complainant.       Accused<\/p>\n<p>          persons also caused hurt to Ram Kishan, Dholia, Sonu<\/p>\n<p>          and Mukhtiar. In the meantime, Ami Lal son of Hazari<\/p>\n<p>          and several other persons came at the spot and<\/p>\n<p>          witnessed the occurrence. All the accused persons took<\/p>\n<p>          their heels from the place of occurrence along with their<\/p>\n<p>          respective weapons. The complainant party also caused<\/p>\n<p>          some injuries to the members of the accused party, in<\/p>\n<p>          their defence.\n<\/p><\/blockquote>\n<blockquote><p>                     The motive behind the occurrence was that<\/p>\n<p>          some eight or nine years ago, accused Gugan had<\/p>\n<p>          borrowed a sum of Rs. Twenty thousands from Lal Chand<\/p>\n<p>          but he did not return that amount despite repeated<\/p>\n<p>          demands. The another reason for causing hurt by the<\/p>\n<p>          accused persons to the complainant and her family<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                        4<\/span><\/p>\n<p>           members was that Lal Chand had restrained accused<\/p>\n<p>           Papori @ Brahma and Subhash from quarrelling with<\/p>\n<p>           Dholi daughter of Jani Ram, who is the uncle of deceased<\/p>\n<p>           Lal Chand.&#8221;<\/p><\/blockquote>\n<p>           Injured were removed to the hospital, in a camel cart. Lal<\/p>\n<p>Chand, however, succumbed to his injuries on the way to the<\/p>\n<p>hospital. On 16.6.1997 ASI Ram Niwas received an information from<\/p>\n<p>the doctor of C.H.C. Ateli with regard to arrival of dead body of Lal<\/p>\n<p>Chand in the hospital at about 1.30 a.m. He reached the hospital<\/p>\n<p>along with other police officials and met injured Ram Kishan, Dholia,<\/p>\n<p>Sonu and Mukhtiar. He sought information from the doctor regarding<\/p>\n<p>fitness of the injured. The doctor vide his opinion declared all the<\/p>\n<p>injured fit to make statements.         He recorded the statement of<\/p>\n<p>complainant Kanta and on the basis of the same formal FIR No.149<\/p>\n<p>dated   16.6.1997   was     recorded.    The   dead   body   was   got<\/p>\n<p>photographed. ASI Ram Niwas prepared the inquest report with<\/p>\n<p>regard to dead body and sent the same for postmortem examination.<\/p>\n<p>           Dr. O.P.Siroha medico legally examined Ram Kishan on<\/p>\n<p>16.6.1997 and found following injuries on his person:-<\/p>\n<blockquote><p>           1. ALW wound 6&#215;2 cm scalp deep on the middle of the<\/p>\n<p>             parietal regions. Bleeding was prresent and other 4&#215;1<\/p>\n<p>             cm anterior.\n<\/p><\/blockquote>\n<blockquote><p>           2. Crush injury on right thumb. Bleeding was present.<\/p>\n<p>             Parietal terminal part was amputated.<\/p>\n<\/blockquote>\n<blockquote><p>           3. He was complaining of pain in chest.       Mild reddish<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                          5<\/span><\/p>\n<p>             swelling on the right side of the chest 8x 5 cm.<\/p><\/blockquote>\n<p>           In his opinion injuries had been caused with a blunt<\/p>\n<p>weapon and injury No.2 was declared grievous in nature after receipt<\/p>\n<p>of X-ray report, whereas, the remaining     were declared simple in<\/p>\n<p>nature.\n<\/p>\n<p>           He also examined injured Sonu at 1.35 a.m. on the same<\/p>\n<p>day and found following injury on his person:-<\/p>\n<blockquote><p>           &#8220;Lacerated wound 3&#215;2 cm on the lower lip.            Teeth<\/p>\n<p>           missing. Bleeding from the gum was present.&#8221;<\/p><\/blockquote>\n<p>           In his opinion, kind of weapon used was blunt and the<\/p>\n<p>injury on the person of Sonu was declared as grievous in nature.<\/p>\n<p>           On the same day at 1.55 a.m. he medico legally<\/p>\n<p>examined Dholia and found following injuries on his person:-<\/p>\n<blockquote><p>           1. A reddish contusion 5 x 3 cm on the right fore-arm<\/p>\n<p>             upper third.\n<\/p><\/blockquote>\n<blockquote><p>           2. He was complaining of pain in the right hand&#8217;s fingers.<\/p>\n<\/blockquote>\n<blockquote><p>           3. He was complaining of pain in chest and the reddish<\/p>\n<p>             contusion on the left shoulder joint and scapular region<\/p>\n<p>             left side.\n<\/p><\/blockquote>\n<blockquote><p>           4. (a) A lacerated wound 2 x 1 cm on the upper part of<\/p>\n<p>             occeput.\n<\/p><\/blockquote>\n<blockquote><p>           5. (b) An abraded reddish contusion 3 x 3 cm on the left<\/p>\n<p>             parietal region.<\/p><\/blockquote>\n<p>           In his opinion injuries had been caused with a blunt<\/p>\n<p>weapon. All the injuries were declared simple in nature.<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                         6<\/span><\/p>\n<p>           He medico legally examined injured Mukhtiar on the same<\/p>\n<p>day at 2.05 a.m. and found following injuries on his person:-<\/p>\n<blockquote><p>            1. There was a reddish swelling on the dorsum of the left<\/p>\n<p>              hand.\n<\/p><\/blockquote>\n<blockquote><p>            2. A reddish contusion 10x 5 cm on the right thigh.<\/p><\/blockquote>\n<p>           In his opinion the injuries had been caused with a blunt<\/p>\n<p>weapon and both the injuries were declared simple in nature.<\/p>\n<p>           On the same day he medico legally examined Kanta and<\/p>\n<p>found following injuries on her person:-\n<\/p>\n<blockquote><p>            1. There was a reddish contusion 2 x 1 cm on the left<\/p>\n<p>              thumb, she was complaining of pain.\n<\/p><\/blockquote>\n<blockquote><p>            2. An abraded reddish contusion 1 x 1 cm and lacerated<\/p>\n<p>              wound \u00bd cm x 1\/2 cm on the right side of the forehead.<\/p>\n<\/blockquote>\n<blockquote><p>            3. A contusion 8x 5 cm on the left thigh.<\/p>\n<\/blockquote>\n<blockquote><p>            4. A reddish contusion on the right middle finger and was<\/p>\n<p>              complaining of pain in the right hand.<\/p><\/blockquote>\n<p>           In his opinion the kind of weapon used was blunt and all<\/p>\n<p>the injuries were declared simple in nature.<\/p>\n<p>           Dr.Alok Jain conducted the postmortem examination on<\/p>\n<p>the dead body of Lal Chand on 16.6.1997 and found following<\/p>\n<p>injuries on his person:-\n<\/p>\n<blockquote><p>            1. Scull box was broken open at frontal area brain tissues<\/p>\n<p>              bulging out.\n<\/p><\/blockquote>\n<blockquote><p>            2. Lacerated wound right parietal area.<\/p>\n<\/blockquote>\n<blockquote><p>            3. Nose tip chapped off.\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                              7<\/span><\/p>\n<blockquote>\n<\/blockquote>\n<blockquote><p>           4. Right ear lib lacerated.\n<\/p><\/blockquote>\n<blockquote><p>              Walls of the thorax, ribs and abdomen were seen and<\/p>\n<p>              he found abrasions on the walls of the thorax.<\/p><\/blockquote>\n<p>           The cause of death in this case was due to brain tissue<\/p>\n<p>injuries and shock which was sufficient to cause death in ordinary<\/p>\n<p>course of nature and it was ante mortem in nature.<\/p>\n<p>           ASI Ram Niwas visited the spot on 16.6.1997. He got the<\/p>\n<p>place of occurrence photographed and prepared the rough site plan.<\/p>\n<p>He also lifted blood stained earth from the spot.              He arrested<\/p>\n<p>accused Gugan, Vikram, Naresh, Papori @ Brahma, Bimla, Ram<\/p>\n<p>Dev and Fateh Singh. At the time of arrest accused Gugan produced<\/p>\n<p>an axe, accused Vikram produced Lathi, Accused Naresh and Fateh<\/p>\n<p>Singh produced dandas.       All the said weapons were taken in<\/p>\n<p>possession.\n<\/p>\n<p>           On 21.6.1997, accused Santra, Suman d\/o Gugan,<\/p>\n<p>Kamla, Suman w\/o Naresh and Subhash were arrested. Accused<\/p>\n<p>Santra produced lathi, whereas, accused Subhash produced gulel<\/p>\n<p>and the same were taken in possession.            Accused Ramesh was<\/p>\n<p>arrested on 29.6.1997 and during interrogation he suffered a<\/p>\n<p>disclosure statement and got recovered an axe on the basis of the<\/p>\n<p>said statement. On 30.7.1997, a scaled site plan was got prepared<\/p>\n<p>with regard to place of occurrence.\n<\/p>\n<p>           After   completion    of      investigation   and       necessary<\/p>\n<p>formalities accused were sent up for trial. Charge against them was<\/p>\n<p>framed under Sections 148, 302, 325, 323\/149 and 452 IPC on<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                           8<\/span><\/p>\n<p>17.2.1998. Accused did not plead guilty and claimed trial.<\/p>\n<p>           Prosecution in order to prove its case examined 17<br \/>\nwitnesses at the trial. After close of prosecution evidence accused,<br \/>\nGugan when examined under Section 313 Cr.P.C. pleaded as<br \/>\nunder:-\n<\/p>\n<blockquote><p>           &#8220;I am innocent. It is a false case. I have been wrongly<\/p>\n<p>           involved in this case. That on 15.6.1997 at about 9.00<\/p>\n<p>           p.m. Ramesh came back after selling the vegetables on<\/p>\n<p>           his camel-cart. When he was tethering his camel in the<\/p>\n<p>           fields of Balbir son of Hira Lal, which is situated in front of<\/p>\n<p>           the house of Lal Chand (since deceased), Lal Chand<\/p>\n<p>           objected the tethering the camel because it causes<\/p>\n<p>           nuisance. After tether his camel in the fields of Balbir,<\/p>\n<p>           when he was coming to the house, Lal Chand (since<\/p>\n<p>           deceased), Mukhtiar, Ram Kishan, Dholia, Bhoopan<\/p>\n<p>           armed with lathis, encircled Ramesh and open an attack<\/p>\n<p>           on him with their respective weapons. Lal Chand gave a<\/p>\n<p>           lathi blow on the forehead of Ramesh, Mukhtiar gave a<\/p>\n<p>           lathi blow on his left cheek, Ram Kishan gave a lathi blow<\/p>\n<p>           on the left parietal, Dholia gave a lathi blow on the left<\/p>\n<p>           side of his back, Bhoopan gave a lathi blow on his head.<\/p>\n<p>           On hearing the noise of Ramesh, myself, Vikram, Naresh,<\/p>\n<p>           Brahma and Bimla also reached the spot to rescue<\/p>\n<p>           Ramesh and when they tried to rescue Ramesh, Ram<\/p>\n<p>           Kishan gave two lathi blows on the back of Vikram,<\/p>\n<p>           Mukhtiar gave a lathi blow on the head of Vikram<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                        9<\/span><\/p>\n<p>          with intent to kill him, which was declared grievous. Lal<\/p>\n<p>          Chand since deceased gave a lathi blow on my head.<\/p>\n<p>          Ram Kishan also gave a lathi blow on my chest, Dholia<\/p>\n<p>          gave a lathi blow on my back, Mukhtiar gave a lathi blow<\/p>\n<p>          on my left shoulder, Ram Kishan gave a lathi blow on the<\/p>\n<p>          right thumb of Naresh, Dholia gave a lathi blow on the left<\/p>\n<p>          arm of Naresh. Mukhtiar gave a lathi blow on the left arm<\/p>\n<p>          of Naresh. Bhoopan gave a lathi blow on the head of<\/p>\n<p>          Brahma, Mukhtiar gave a lathi blow on the belly of Brhma.<\/p>\n<p>          Ram Kishan gave a lathi blow on the forehead of Bimla,<\/p>\n<p>          Dholia gave a lathi blow on the chest of Bimla, Mukhtiar<\/p>\n<p>          gave a lathi blow on the left arm of Bimla.           This<\/p>\n<p>          occurrence had taken place in the village path which is<\/p>\n<p>          situated between the house of Lal Chand and field of<\/p>\n<p>          Balbir Singh. This occurrence was witnessed by Bodan<\/p>\n<p>          son of Chand Ram, resident of Bihali and Phoolchand<\/p>\n<p>          son of Kishan Lal, resident of Antri.       Ramdev, Suman<\/p>\n<p>          daughter of Gugan, Suman wife of Naresh, Santra wife of<\/p>\n<p>          Gugan, Kamla wife of Ramesh, Subhash and Fateh Singh<\/p>\n<p>          were not present at that time.&#8221;<\/p><\/blockquote>\n<p>          Similar plea was taken by the other accused. Accused<\/p>\n<p>examined Dr.O.P.Siroha (DW-4)     in their defence.<\/p>\n<p>          Learned trial Judge believed the prosecution version so<\/p>\n<p>far as accused Ram Dev, Gugan, Vikram, Naresh, Ramesh,<\/p>\n<p>Subhash, Papori @ Brahma and Bimla are concerned and convicted<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                        10<\/span><\/p>\n<p>and sentenced them under Sections 148, 302, 325, 323\/149 and 452<\/p>\n<p>IPC. Accused Fateh Singh, Suman d\/o Gugan, Santra, Kamla and<\/p>\n<p>Suman w\/o Naresh were acquitted of the charge framed against<\/p>\n<p>them. Hence, the present two appeals.\n<\/p>\n<p>             In appeal, it has been argued that the prosecution had<\/p>\n<p>miserably failed to prove its case. Accused Ramesh, Gugan, Papori<\/p>\n<p>@ Brahma, Bimla and Vikram had also suffered injuries in the<\/p>\n<p>alleged occurrence.    So far as injury on the person of Vikram is<\/p>\n<p>concerned, the same as per the doctor (DW-1) could be dangerous<\/p>\n<p>to the life. The accused party had inflicted injuries on the person of<\/p>\n<p>the complainant party in self defence. Accused had no intention to<\/p>\n<p>commit murder of deceased Lal Chand.           Houses of Lal Chand<\/p>\n<p>deceased and Gugan adjoin each other. The occurrence, in fact,<\/p>\n<p>had taken place in the street and the complainant party was the<\/p>\n<p>aggressor.    Prosecution had failed to prove any motive with the<\/p>\n<p>accused party to commit murder of deceased Lal Chand.<\/p>\n<p>             Learned State counsel, on the other hand, has argued<\/p>\n<p>that all the accused had come to the house of Lal Chand armed with<\/p>\n<p>deadly weapons and had inflicted injuries on the person of the<\/p>\n<p>deceased as well as other injured. From the nature of injury No.1 on<\/p>\n<p>the person of deceased Lal Chand, it was evident that all the<\/p>\n<p>accused had intention to commit his murder .\n<\/p>\n<p>             Present case rests on an eye witness account.<\/p>\n<p>             Kanta (PW-1), Mukhtiar (PW-14)     and Dholia (PW-15)<\/p>\n<p>have deposed with regard to manner of occurrence. As per the eye<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                        11<\/span><\/p>\n<p>witness account, accused Gugan and Ramesh had come to the spot<\/p>\n<p>armed with kulharis (axe), whereas, remaining accused had come to<\/p>\n<p>the spot armed with lathis. Accused Ramesh opened the attack by<\/p>\n<p>inflicting injuries with kulhari on the head of Lal Chand and,<\/p>\n<p>thereafter, accused Gugan        gave a kulhari blow on his nose.<\/p>\n<p>Mukhtiar (PW-14) and Dholia (PW-15) have deposed that accused<\/p>\n<p>Vikram and Naresh gave lathi blows on the head and near the ear of<\/p>\n<p>Lal Chand. Initially in the FIR Kanta (PW-1) had stated that accused<\/p>\n<p>Vikram and Naresh had inflicted lathi blows on the person of her<\/p>\n<p>huaband, whereas, while appearing in the witness box, she deposed<\/p>\n<p>that accused Vikram and Ram Dev gave lathi blows on the person of<\/p>\n<p>her husband.    She was duly confronted with this fact during her<\/p>\n<p>cross-examination.      Keeping in view the testimony of PW-14 and<\/p>\n<p>PW-15 and the initial statement of PW-1 with the police, it transpires<\/p>\n<p>that accused Vikram and Naresh had inflicted injuries on the person<\/p>\n<p>of the deceased with their respective lathis. Injured Kanta, Ram<\/p>\n<p>Kishan, Dholia, Sonu and Mukesh also suffered injuries at the hands<\/p>\n<p>of the accused party.\n<\/p>\n<p>           From a perusal of      site plan (Exhibit PK) prepared by<\/p>\n<p>draftsman and Exhibit EA\/4 prepared by the Investigating Officer , it<\/p>\n<p>appears that the occurrence had taken place in the house of<\/p>\n<p>deceased Lal Chand. Exhibit PO is the recovery memo, vide which<\/p>\n<p>blood stained earth was lifted from the spot. A perusal of the same<\/p>\n<p>reveals that the blood stained earth was lifted from the chowk near<\/p>\n<p>the chappar at the Eastern-Southern side of the house of deceased<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                         12<\/span><\/p>\n<p>Lal Chand.       This leads to the inference that the occurrence had<\/p>\n<p>started in the street and not in the house of the deceased as alleged<\/p>\n<p>by the prosecution. Occurrence in this case is admitted but Exhibit<\/p>\n<p>PO makes the ocular version doubtful with regard to place of<\/p>\n<p>occurrence. Whenever a doubt is created in the prosecution case,<\/p>\n<p>benefit of the same has to be extended to the accused.         Hence,<\/p>\n<p>possibility of    the occurrence, in fact, having been started in the<\/p>\n<p>street cannot be ruled out. The outer wall of the house of Lal Chand<\/p>\n<p>is not very high and the possibility that after the occurrence started,<\/p>\n<p>the parties moved into the house of Lal Chand can also not be ruled<\/p>\n<p>out.\n<\/p>\n<p>            Motive put forth by the prosecution for commission of<\/p>\n<p>offence of murder appears to be too fragile. It has been alleged that<\/p>\n<p>eight or nine years prior to the occurrence Lal Chand had lent<\/p>\n<p>Rs.20,000\/- to Gugan but the same had not been returned back.<\/p>\n<p>There is nothing on record to suggest that there was any civil<\/p>\n<p>litigation pending between the parties with regard to the said loan.<\/p>\n<p>There is also nothing on record to suggest that the parties, who were<\/p>\n<p>neighbours, had quarrelled with each other on an earlier occasion<\/p>\n<p>except on 15.6.1997 at 6.30 p.m. i.e. a day prior to the occurrence.<\/p>\n<p>Even the said occurrence was trivial in nature. Dholi d\/o Jani Ram<\/p>\n<p>(brother of deceased&#8217;s father) and Papori d\/o Gugan had quarrelled<\/p>\n<p>with each other and Lal Chand had rescued Dholi. This, in itself<\/p>\n<p>cannot be said to be a sufficient motive for the accused party to<\/p>\n<p>commit murder of deceased Lal Chand.\n<\/p>\n<p><span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                       13<\/span><\/p>\n<p>           It appears that both the parties, who were residing in the<\/p>\n<p>houses adjoining each other, met in the street. They were allegedly<\/p>\n<p>armed with weapons and without any pre meditation, in a sudden<\/p>\n<p>fight, inflicted injuries on each other.   Accused Ramesh, Gugan,<\/p>\n<p>Papori, Bimla and Vikram had also suffered injuries in the alleged<\/p>\n<p>occurrence. The said injured were duly examined by Dr.O.P.Siroha<\/p>\n<p>(DW-1), who deposed that on 16.6.1997 at about 2.35 a.m. he<\/p>\n<p>medico legally examined Ramesh and found following injuries on his<\/p>\n<p>person:-\n<\/p>\n<blockquote><p>           1. There was a lacerated wound 3 cm x 1 cm bone deep<\/p>\n<p>              on the forehead above and left eyebrow.<\/p>\n<\/blockquote>\n<blockquote><p>           2. There was a lacerated wound 1.5 cm x 1 cm on the left<\/p>\n<p>              cheek.\n<\/p><\/blockquote>\n<blockquote><p>           3. There was a lacerated wound 6 cm x 1.5 cm scalp<\/p>\n<p>              deep on the left parietal region.<\/p><\/blockquote>\n<p>           4. Complaining of pain on the left side of the back of the<\/p>\n<p>              chest 5 cm x 1cm<\/p>\n<p>           On the same day he also examined injured Gugan and<\/p>\n<p>found following injuries on his person:-\n<\/p>\n<blockquote><p>           1. A lacerated wound 4 cm x 0.5 cm scalp deep was<\/p>\n<p>              present on the right parietal eminence.<\/p>\n<\/blockquote>\n<blockquote><p>           2. He was complaining of pain chest, anterior aspect of<\/p>\n<p>              the chest, there was contusion 10 cm x 5 cm on the<\/p>\n<p>              right pectoral region and 5 cm x 3 cm on the left<\/p>\n<p>              scapular region.<\/p><\/blockquote>\n<p>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                         14<\/span><\/p>\n<p>           On the same day at 3.10 a.m. he medico legally<\/p>\n<p>examined Vikram and found following injuries on his person:-<\/p>\n<blockquote><p>           1. A lacerated wound 4 cm x 1 cm scalp deep on the left<\/p>\n<p>             side of the upper part of occipit.\n<\/p><\/blockquote>\n<blockquote><p>           2. Multiple abraded reddish contusion 8 cm x 2 cm, 5 cmx<\/p>\n<p>             3 cm on the right side of the back of the chest.<\/p><\/blockquote>\n<p>           On the same day he medico legally examined Brahma<\/p>\n<p>and found following injuries on her person:-<\/p>\n<blockquote><p>           1. An abraded contusion 1.5 cm x 1 cm on the frontal part<\/p>\n<p>             of the left side of scalp.\n<\/p><\/blockquote>\n<blockquote><p>           2. She was complaining of pain in abdomen, pregnant.<\/p><\/blockquote>\n<p>           On the same day at about 3.30 a.m. he medico legally<\/p>\n<p>examined Bimla and found following injuries on her person:-<\/p>\n<blockquote><p>           1. A lacerated wound 2 cm x 0.5 cm on the right parietal<\/p>\n<p>             region.\n<\/p><\/blockquote>\n<blockquote><p>           2. An abraded reddish contusion 3 cm x 2 cm on the<\/p>\n<p>             middle of the forehead.\n<\/p><\/blockquote>\n<blockquote><p>           3. Multiple abraded reddish contusion 3 cm x 2 cm, 1 cm<\/p>\n<p>             x 1 cm, \u00bdcm x \u00bd cm on the chest and she was<\/p>\n<p>             complaining of pain.<\/p><\/blockquote>\n<p>           In his opinion injuries of all the persons had been inflicted<\/p>\n<p>with blunt weapons.     Injuries on the person of Ramesh, Gugan,<\/p>\n<p>Naresh, Vikram, Brahma and Bimla were neither superficial nor self<\/p>\n<p>suffered. Possibility of injury No.1 on the person of Vikram being<\/p>\n<p>dangerous to life could not be ruled out. The said injury was a<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                           15<\/span><\/p>\n<p>depressed fracture of posterior parietal region of skull.<\/p>\n<p>           Both the parties had suffered injuries in the alleged<\/p>\n<p>occurrence and the possibility is there that the said fight started in<\/p>\n<p>the street and it leads to the inference that it was a case of a sudden<\/p>\n<p>fight.\n<\/p>\n<p>           It is not possible to enunciate any general rule as to what<\/p>\n<p>shall be deemed to be a sudden quarrel. It is a question of fact and<\/p>\n<p>whether a quarrel is sudden fight or not must necessarily depend<\/p>\n<p>upon the proved facts of each case. The cause of quarrel is not<\/p>\n<p>relevant nor is it relevant who offered the provocation or started the<\/p>\n<p>fight. A &#8216;sudden fight&#8217; implies mutual provocation and blows on each<\/p>\n<p>side. There is no previous deliberation or determination to fight. A<\/p>\n<p>fight suddenly takes place for which both the parties are more of less<\/p>\n<p>to be blamed. It may be that one of them starts it, but if the other had<\/p>\n<p>not aggravated it by his own conduct it would not have taken the<\/p>\n<p>serious turn it did.       There is then mutual provocation and<\/p>\n<p>aggravation, and it is difficult to apportion the share of blame which<\/p>\n<p>attaches to each fighter. It is immaterial, who gave the first blow. It<\/p>\n<p>further has to be established that the offender had not taken undue<\/p>\n<p>advantage and had not acted in a cruel or unusual manner.<\/p>\n<p>           In the present case the deceased had suffered four<\/p>\n<p>injuries. As per Dr.Alok Jain (PW-8) injuries No. 2,3 and 4 could not<\/p>\n<p>be the cause for death of Lal Chand. Injuries No. 2 and 4 were<\/p>\n<p>superficial in nature. Hence, the cause of death was injury No.1,<\/p>\n<p>which was on the head of deceased and is attributed to accused<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                           16<\/span><\/p>\n<p>Ramesh.     The fact that only one injury was inflicted by accused<\/p>\n<p>Ramesh leads to the inference that he had not taken undue<\/p>\n<p>advantage nor it acted in a cruel manner. While inflicting the said<\/p>\n<p>injury, accused Ramesh had no intention of causing death of Lal<\/p>\n<p>Chand but he had the knowledge that the said injury could very well<\/p>\n<p>result in the death of deceased. Accused Ramesh is, thus, liable to<\/p>\n<p>be convicted for an offence under Section 304 (II) IPC and not under<\/p>\n<p>Section 302 IPC. Offences under Sections 148 and 452 IPC are also<\/p>\n<p>not made out in this case, as it was a case of sudden fight and the<\/p>\n<p>possibility of its having been started in the street cannot be ruled out.<\/p>\n<p>            Accordingly, both     the appeals     are partly allowed.<\/p>\n<p>Conviction of appellant Ramesh is converted from under Section 302<\/p>\n<p>IPC to Section 304 (II) IPC and his sentence is reduced to rigorous<\/p>\n<p>imprisonment for 10 years.\n<\/p>\n<p>            It was stated by learned counsel for the parties that<\/p>\n<p>appellant Gugan and Vikram had since died and, hence, appeal qua<\/p>\n<p>them is disposed of as abated.\n<\/p>\n<p>            All the accused are acquitted of the charge framed<\/p>\n<p>against them under Sections 148 and 452 IPC. So far as charge<\/p>\n<p>under Section 325 IPC framed against the accused is concerned,<\/p>\n<p>from the statements of the eye witnesses it cannot be specifically pin<\/p>\n<p>pointed as to which of the appellant is liable for causing grievous<\/p>\n<p>injuries to Sonu and Ram Kishan. As such, conviction of any of the<\/p>\n<p>accused under Section 325 IPC cannot be passed. Accused Ram<\/p>\n<p>Dev, Naresh, Subhash, Papori @ Brahma and Bimla had caused<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.578 DB of 1998                    17<\/span><\/p>\n<p>simple injuries on the person of the complainant party with their<\/p>\n<p>respective weapons. Accordingly, they are convicted under Section<\/p>\n<p>323 IPC and are sentenced to undergo rigorous imprisonment for<\/p>\n<p>one year.\n<\/p>\n<p>                                                (SABINA)<br \/>\n                                                 JUDGE<\/p>\n<p>                                          (JASBIR SINGH)<br \/>\n                                              JUDGE<\/p>\n<p>October 04, 2008<br \/>\nanita\n <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Ram Dev vs State Of Haryana on 4 October, 2008 Criminal Appeal No.578 DB of 1998 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Appeal No.578 DB of 1998 Date of decision: 4.10.2008 Ram Dev &#8230;&#8230;Appellant Versus State of Haryana &#8230;&#8230;.Respondent CORAM: HON&#8217;BLE MR.JUSTICE JASBIR SINGH HON&#8217;BLE MRS. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-189520","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Ram Dev vs State Of Haryana on 4 October, 2008 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/ram-dev-vs-state-of-haryana-on-4-october-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Ram Dev vs State Of Haryana on 4 October, 2008 - Free Judgements of Supreme Court &amp; 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